Harmonisation in international trade law is becoming intensive study and discussion in ASEAN.One of the areas of law that gets priority in ASEAN to harmonize is the law of contract. From the various of factor that inhibite ASEAN law harmonisation effort is the pluralism law system that adopted by ASEAN countries.
Thus Mr Subianta Mandala said on the his disertation defense and doctoral promotion in law sciences, at the University of Padjajaran PPS Meeting Hall, Jl. Dipati Ukur 35 Bandung-Jumat (10/4). The Head of Legal Documentation Automation is defending his dissertation entitled “Modernisation and Harmonisation of International Contract Law in the ASEAN Region in Anticipation of the ASEAN Economic Community 2015 And Its Influence on the Reformation of Indonesian Contract Law".
The conclusion of his disertation, Mr. Subianta Mandala explains that the systems of ASEAN contract laws are varied, however, in general, ASEAN national contract laws are basically influenced by the two major legal tradition in the world, namely, civil law and common law which are both rooted in Eropean tradition. In general, the systems of contract laws in ASEAN countris are not compatible with the modern principles and norms of contracts developed in international trade practice. Taking into consideration of the diversity of national contract laws in ASEAN and some other factors, Mr Subianta Mandala recommends that UPICC be used as a reference for the moderniasation and harmonisation of international contract laws in ASEAN, either by direct application of UPICC or by the transformation of the UPICC into ASEAN Model Law. Through this approach, two objectives can be achieved at the same time: (1) modernisation of national contract laws in ASEAN, and (2) harmonisation of contract laws in ASEAN. The inisiative taken by ASEAN to harmonize national contract laws in ASEAN may have positive influence toward the reform of Indonesia contract law. It may speed up the long-waited effort to reform the colonial contract law. UPICC may serve as a refrence for the reform of Indonesian contract law without prejudicing Pancasila as a fundamental legal basis.
Joining to support that disertation defence and doctoral promotion are Head of The National Law Development Agency, Dr. Enny Nurbaningsih S.H., M.Hum., Head of The Center of National Legal Documentation and Information Network, Drs. Buddy Wihardja, M.Si., board of chairman and staff of The National Law Development Agency.