Seminar on Private International Law and its Application in Islamic Countries

The Department of Civil Law, Faculty of Law, Universitas Brawijaya held an international seminar with the theme “Private International Law in Islamic Countries: Development and Challenges” which was held online via zoom teleconference on Tuesday (24/8/2021).

This seminar aims to explore the experiences of countries that adhere to Islamic law in the field of International Private Law, so that Indonesia can learn from some of the comparisons that have been stated by the speaker because, it has been reviewed so far, Indonesia does not yet have a codification of the International Private Law.

UB FH Lecturer, Afifah Kusumadara, SH. LL.M. SJD who explained about Applicable Law, Court Jurisdiction, And Recognition Of Judgments In Indonesian Private International Law: Interference Of Religion, in her presentation said that the rules in the realm of International Private Law still use legal sources from the past Dutch colonial heritage even though it is not in accordance with the dynamics development of Indonesian society.

“The connecting factors that must be considered in making international private law are the principles that already exist in Indonesian International Private Law (for individuals) including Nationality, Domicile, and Place of Residence,” said Afifah.

Afifah added that even though Indonesia has a majority religion of Islam, it does not mean that religion is a connecting factor for personal status according to Indonesian International Private Law.

“It can indeed be a connecting factor, but in the existing legal internal conflict,” she said.

This seminar presented two international speakers, namely Associate Professor Béligh Elbalti, Ph.D., Graduate School of Law and Politics, Osaka University, Japan explaining the explanation regarding “The Influence of Islamic law principles on the treatment of international Private Relationships – Family Law As Example ” by investigating or departing from the jurisdiction of Arabic countries.

Also Dr. Nobumici Teramura, Assistant Professor of the Institute of Asian Studies who presented the material “Shariah as the Law Applicable to an International Commercial Contract: Challenges and Opportunities in Australia and Brunei. (FHD/Humas UB/ Trans. Iir).