08 Apr Agreement Terjemah Indo
“In any event, the mutual agreement procedure is clearly a special procedure outside of national law… In this case, we examine how the introduction of Presidential Decree No. 63 of 2019 concerning the use of Bahasa Indonesia (“PR 63”) of September 30, 2019, the long-awaited regulations of Law 24 of 2009 on the national flag, language, emblem and anthem (“Law 24”), which can influence current practice when entering into a foreign language agreement with an Indonesian party. PR 63 seeks to clarify appropriate market practices by stating that the parties can agree on the dominant language in the event of a different interpretation. However, some issues remain unclear, including the extent to which the dominant language clause can be invoked in an agreement and whether a foreign investment firm (LDC) is considered an Indonesian or foreign party. With regard to the obligation to use Bahasa Indonesia to enter into agreements with an Indonesian party, Article 26 of Act 63 first reaffirms the provisions of Article 31 of Act 24, and then introduces two new paragraphs that read: I will show you what a standard lease looks like. Regardless of the above, we believe that the risk-free approach before and after the introduction of PR 63 remains fundamentally the same. Where possible, it is preferable to run Indonesian and foreign language versions of an agreement simultaneously. If the parties have chosen the English version to be given priority in the event of inconsistencies, it may be appropriate to prepare, for the use of modern translation technology, an Indonesian version of the foreign language text agreed in a foreign language, which can be verified fairly quickly before signing. The words “a translation (terjemahan) of the Indonesian language” in Article 26, paragraph 3, may give rise to an interpretation that either (i) an Indonesian version must exist first and then be translated into a foreign language, or (ii) that the Indonesian and foreign versions must be prepared simultaneously. A final unresolved question after the issuance of PR 63 is whether a foreign language can be used for an agreement between a foreign investment company based in Indonesia (“PMA).