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Humanities
- ISSN: 2155-7993
- Journal of Modern Education Review
Forum Non-convenience: Can International Organization be Sued in Indonesian (Industrial Relation) Court of Law
Gunawan Widjaja
( Faculty of Law, Universitas Tarumanagara Indonesia, Indonesia)
Abstract: This paper tries to prove that the concept or doctrine of forum non-convenience or forum non coveniens can be used by international organization in Indonesian (industrial relation) court of law. This research is a normative legal research. It conducts literatures review, including review on the prevailing rules and
regulations in Indonesia, especially laws and regulations pertaining to procedural law, industrial relation law and law related to international organization. The existence of international organizations in Indonesia has arisen new issue in Indonesian court of law, whereby the international organizations become party to the dispute in Indonesian court of law. Among several disputes that may arise, one of them is industrial relation dispute, which involved employee that worked with the international organization with the international organization. One of the doctrine that can be used to throw a court case from the court is known as forum non-conveniens. Forum
non-conveniens itself is a concept that developed and used widely in countries with common law legal tradition,
meanwhile Indonesia is a civil law legal tradition country. To solve the problem, this research explained the concept of forum non-conveniens developed in common law legal tradition, and then compared it, using comparative legal method, to find out whether there is the same institution available in Indonesia. This research focused only to the application of forum non-conveniens concept in a law suit against international organization in Indonesian (indutrial relation) court of law.
Key words: forum non-conveniens, international organization, procedural law, international private law
