convenors: Indonesian Institute for Independent Judiciary (LeIP) and Indonesia Jentera School of Law (Jentera)
coordinator: Alfeus Jebabun (LeIP) and Aria Suyudi (Jentera)
• session 1: Nisa Istiani, S.H., LL.M. (Lecturer at Al Azhar University);
• session 2: Alfeus Jebabun, S.H., M.H. (Researcher of LeIP)
session 1: “Prospect of economic law reform”.
• Hon. Justice Syamsul Maarif, S.H., LL.M, PhD. (Justice at Supreme Court of Indonesia/Working Group of Ease of Doing Business) “Initiatives and efforts taken by the Supreme Court of Indonesia in carrying out economic law reform.” Download here
• Prof. mr. (Martijn) MW Scheltema (Professor of Business Law, Erasmus University Rotterdam) “Economic law reform in the Netherlands during and after covid-19 pandemic.” Download here
• Tanti Dian Ruhama, S.H., M.H. (Coordinator of Law and Human Rights Enforcement in Directorate Law and Regulation BAPPENAS) Economic law development planning policies. Download here
• Ibrahim Sjarief Assegaf, S.H., LL.M. (Partner at Assegaf Hamzah & Partners) “Perspective of legal practitioners on the development of Indonesian economic law.” Download here
• Dr. Aria Suyudi, S.H., LLM. (Lecturer at Jentera Law School) “Prospect of the development of Indonesian economic law after the end of the Ease of Doing Business Survey.” Download here
Session 2: “Civil decision enforcement system”.
• Dr. Ridwan Mansyur, S.H, M.H. (Registrar of the Supreme Court of Indonesia) “Current initiatives from the Supreme Court in strengthening the civil decisions enforcement and prospect of institutions that conduct enforcement.” Download here
• Oscar Jans (Board Member of Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders/KBvG) “Best practice of civil decisions enforcement conducted by institutions outside the court in the Netherlands.” Download here
• Liza Farihah, S.H. (Executive Director of LeIP) “Improvement of system and policies to strengthen an effective and efficient civil decisions enforcement and institutional design on the civil decision enforcement.” Download here
• Ibrahim Senen, S.H., LLM. (Armand Yapsunto Muharamsyah & Partners/ Lecturer at Faculty of Law Universitas Al Azhar Indonesia) Download here
rapporteur: Alfeus Jebabun (LeIP)
• To discuss the experience of the Dutch Government in carrying out economic law reforms to minimize the impact of the covid-19 pandemic and important frameworks that already existed and were created during the covid-19 pandemic for post-pandemic economic recovery, including:
• Improvement of the debt settlement system through debt restructuring.
• Civil court decisions enforcement system.
• Improvement of the movable property guarantee system.
• Discussing the Indonesian Government’s plans in preparing economic law reform and other opportunities that need to be considered to strengthen the Indonesian economic law in the post-pandemic recovery.
• Discussing the strategy of prioritizing Indonesia’s economic law reform to respond to the needs of post-pandemic economic recovery.
One of the important agendas after the Covid-19 pandemic, especially in the legal sector, is economic law reform in the context of economic recovery. Resolving the crisis due to the covid-19 pandemic could be seen from two perspectives. First, to provide the legal protection and legal certainty for the community, both in positions as creditors and debtors, to provide opportunities to survive. Second, to prepare for the future that is economic recovery.
Many countries utilize the momentum of this pandemic to reform their economic laws. The Netherlands, for example, has ratified the Court Approved Restructuring Plan Act (Wet Homologatie Onderhands Akkoord-WHOA), after several years previously ratifying the regulation on Scheduling Debts for Individuals (schuldsaneringsregeling voor natuurlijke personen) which is optimized to accelerate debt settlement.
In the beginning of 2020, the Government of Indonesia issued various regulations to reduce the destructive impact of the pandemic on the economic sector. Unfortunately, this did not include a specific policy to improve the legal system and prepare for post-pandemic recovery. Meanwhile, the current legal frameworks on civil and economic law have become main obstacles in creating a legal infrastructure to encourage business opportunities in Indonesia and the ease of doing business.
So far, reforms have been carried out only partially by Ministries/Agencies based on their respective powers, such as: establishment and improvement of the rules on mediation, small claim court, as well as
electronic-based court administration.
Enforcement of court orders also remains a major problem in Indonesia’s legal infrastructure. LeIP’s research on civil court decision enforcement found three underlying problems. First, lack of legislative and executive support in guaranteeing and ensuring civil decision enforcement. Second, laws and regulations hamper effective and efficient civil decision enforcement. Third, the weak competence and authority of the bailiff.
One of the important debates regarding civil decisions enforcement system improvement concerns the institution which best can carry out this role. There are two views on this issue. First, a notion to establish a new institution outside the court to enforce the civil decisions, such as Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders (KBvG) in the Netherlands. Second, to augment the position of the bailiff of the first instance court, by providing financial, infrastructure and personnel capacity enhancement.
In view of these developments, LeIP and Jentera School of Law have organized a panel that will discuss the prospect of economic law reform as a foundation for post-pandemic economic recovery. This topic is closely related to the Economic Law Reform agenda of the Indonesian National Medium Term Development Plan (RPJMN) and builds on the conclusions of the Panel “Establishing an Effective Civil Decision Enforcement System” of INLU 2019.