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All Journal JURNAL PEMBANGUNAN HUKUM INDONESIA The Indonesian Journal of International Clinical Legal Education
Ali Huristak Hartawan Hasibuan
Faculty of Law, Universitas Islam Kadiri
Law, Crime, Criminology & Criminal Justice

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Law and Regulatory Certainty: An Analysis of Its Impact on the Investment Climate and Business Governance in Indonesia Ali Huristak Hartawan Hasibuan; Nur-Amimi Tahe
Jurnal Pembangunan Hukum Indonesia Vol 8, No 2 (2026)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v8i2.204-222

Abstract

Legal reform is an important way to create regulatory certainty which improves the investment climate and business governance in Indonesia. Yet complexity and disharmony in regulation, inconsistent policy implementation and weak institutional coordination still hinder legal certainty for businesses. The objective of this research is to analyse the implementation of legal reforms in achieving regulatory certainty, to determine the impact of the legal reform on the investment climate and business governance in Indonesia. The research uses a normative legal research approach with descriptive-analytical specifications through legislative, conceptual, and analytical approaches. The data used is in the form of secondary data obtained through literature studies, then analyzed qualitatively through the interpretation and synchronization of laws and regulations. The results of the study show that legal reform has encouraged the simplification of regulations, digitization of services, and improvement of the licensing system, but its effectiveness is still constrained by regulatory disharmonization, inconsistency of implementation, and weak institutional coordination. Regulatory certainty has been proven to increase investor confidence, support ease of doing business, strengthen the implementation of good governance, and increase national investment competitiveness. Therefore, strengthening regulatory harmonization, consistency of law enforcement, and institutional reform are the main prerequisites in creating a sustainable investment climate and more effective governance of the business world.  
Legal Enforceability of Forum Selection Clauses in Preliminary Sale and Purchase Agreements for Cross-Regional Transactions Timotius Febry Cristian Wahyu Sutrisno; Trinas Dewi Hariyana; Ali Huristak Hartawan Hasibuan; Zico Junius Fernando
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 2 (2026): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i2.58218

Abstract

The increasing use of Preliminary Sale and Purchase Agreements (Perjanjian Pengikatan Jual Beli/PPJB) in cross-regional land transactions has generated legal uncertainty regarding the enforceability of forum selection clauses, particularly where the parties, the designated forum, and the immovable property are located in different judicial jurisdictions. This study aims to examine the legal basis for the validity of forum selection clauses under Article 118 of the Herziene Indonesisch Reglement (HIR) and Article 1338 of the Indonesian Civil Code, as well as their implications for the relative jurisdiction of district courts and the delegated execution of judgments. The study employs normative legal research using statutory, conceptual, and case approaches through qualitative analysis of legislation, legal doctrines, and Supreme Court jurisprudence. Unlike previous studies that discuss forum selection clauses in isolation, this research develops an integrated analytical framework by linking the legal character of PPJB, contractual autonomy, relative jurisdiction, Supreme Court jurisprudence, and delegated execution involving immovable property. The findings demonstrate that a forum selection clause incorporated into a valid PPJB constitutes a binding manifestation of the principle of freedom of contract and is enforceable under Article 118(4) HIR in conjunction with Article 1338 of the Civil Code. Nevertheless, such contractual autonomy applies only to the adjudication stage and does not override the territorial principle governing the execution of judgments under Article 195 HIR. Accordingly, judgments rendered by the designated court remain enforceable through delegated execution by the district court where the immovable property is located. This study contributes to the harmonization of Indonesian contract law and civil procedural law while providing practical guidance for judges, notaries, and legal practitioners in resolving disputes arising from cross-regional PPJB transactions.
Co-Authors Fernando, Zico Junius Nur-Amimi Tahe Timotius Febry Cristian Wahyu Sutrisno Trinas Dewi Hariyana