PENTINGNYA RATIFIKASI UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) OLEH PEMERINTAH INDONESIA1
Diterbitkan di Jurnal Forum Penelitian, No. 2, Desember 2006
Merchants all over the world need international sales law which can be enforced uniformly to all merchants who come from different countries or places of business. Domestic sales laws which are different from country to country have created legal uncertainties among those merchants. Therefore, one of the United Nations’ commissions, UNCITRAL drafted a convention named UN Convention on Contracts for the International Sale of Goods (CISG) to provide merchants with a uniformed sales law. Until now, this Convention has been ratified by 67 countries and referred by many arbitrators and judges and therefore, de facto it has become an international sales law. Despite its world-wide acceptance, the Indonesian government has not yet ratified the CISG. This research is conducted to know (1) whether the CISG should be ratified by the Indonesian government, and (2) whether the Indonesian sales law in the Civil Code needs to be amended to accommodate the CISG provisions. The research is conducted by using the method of empirical and sociological law research. The result of the research shows that majority of Indonesian companies that conduct international sales and majority of Indonesian law firms recommend the ratification of the CISG. In contrary, the Indonesian government sees no urgency of the CISG ratification. To solve the problems that arise because the Indonesian government has not yet been willing to ratify the CISG, the result of the research recommends the Indonesian sales law in the Civil Code be amended by adding the CISG provisions into the Indonesian sales law.
1 Artikel ini merupakan hasil penelitian yang didanai oleh Dana Pembinaan Pendidikan Fakultas Hukum Universitas Brawijaya, tahun 2006-2007
2 Afifah Kusumadara adalah dosen Fakultas Hukum Universitas Brawijaya, pada Bagian Hukum Perdata, jl. Mayjen Haryono 169 Malang.