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Optimizing Kemlu’s Role to bolster International legal cooperation in civil and commercial matters
Advances in science and technology, together with the expansion of global trade, have intensified cross-border interactions and increased the need for international legal cooperation in civil and commercial matters. Such cooperation is essential for addressing cross jurisdictional legal issues, protecting Indonesian nationals and legal entities, and advancing Indonesia’s economic diplomacy. The Ministry of Foreign Affairs of the Republic of Indonesia (MoFA) occupies a strategic position in international legal cooperation through its diplomatic relations and coordination with foreign governments. This paper proposes policy recommendations to optimize MoFA’s role in mutual legal assistance (MLA) in civil and commercial matters through short, medium, and long term measures. In the short term, priorities include optimizing human resources responsible for MLA and enhancing the functionality of the Rogatory Online Monitoring System. Medium term measures involve considering MoFA’s designation as the Central Authority, acceding to two conventions of the Hague Conference on Private International Law (HCCH), and strengthening coordination with relevant stakeholders. In the long term, MoFA is encouraged to initiate the development of dedicated legislation on MLA in civil and commercial matters and pursue bilateral agreements with priority countries. Implementing these recommendations is expected to strengthen Indonesia’s international legal cooperation framework, improve legal certainty in cross-border cases, and support economic diplomacy and the protection of Indonesian nationals and legal entities abroad.
| 2021-0326 | SESDILU 71-2021 | Training Materials Repository | Tersedia |
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