PRINSIP-PRINSIP KONTRAK DAGANG INTERNASIONAL ( UNIDROIT) SEBAGAI BAHAN REFERENSI HUKUM KONTRAK INDONESIA MODEREN

Abstract

The recent years , there is no legislation to regulate international contract commercial in Indonesia. The lawhas been regulating much activity is still refer to the Indonesian Civil Code ( book 30 Which whom it’s aninheritance of the Dutch colonial government ( The Dutch 1838Civil Code ). Many people said that the lawwas out of date, and it will be potential to be a problem and an obstacle to the performing international contractin Indonesia ( especially contract that involve foreign element). In accordance with that , there an opinion thatit is urgent for Indonesia to make a new legislation as sson as possible to replace or reform an old code. Eventhough in the other side, people said that an old code ( book three Civil Code) is still appropriate to regulateperforming contract including international commercial contract in Indonesia.According to the opinion, there were people who tried to make a draft of Indonesian contract law, such asProf Dr Wirjono Prodjodikoro SH , and the last plan was initiated by prof Dr Sunaryati Hartono SH, but theiraims had no goal. However, none of them was specifically drafted to response the needs of internationalcommercial contract, in the course of globalization and in the increasing of international commercial and tradeas well as the needs to attack ack foreign business persons to do business in Indonesia.In accordance will all of that, this research that pass through to modernize Indonesian contract law , itsbetter to refer to the international contract profiles and rules . To this point, , the UNIDROIT Principles oninternational contract may be the best source for modern Civil Code /Key words : contract law, UNIDROIT