Afifah Kusumadara, Ida Susanti
This chapter examines how Indonesian courts determine jurisdiction in private international law matters. The authors explore the grounds upon which Indonesian courts exercise jurisdiction over foreign parties and cross-border disputes, including rules governing personal jurisdiction, corporate domicile, and choice of court agreements. They analyse circumstances in which courts may decline jurisdiction, examining doctrines such as forum non conveniens, lis alibi pendens, and sovereign immunity. The chapter demonstrates Indonesian courts’ inconsistent application of these principles: with some courts inappropriately decline jurisdiction based on parties’ choice of foreign law while others assert jurisdiction despite clear choice of foreign forum clauses. © 2027 selection and editorial matter, Simon Butt and Tim Lindsey.
Faculty of Law, Brawijaya University, Indonesia; Faculty Senate of the Faculty of Law, Parahyangan Catholic University (UNPAR), Bandung, Indonesia
