Navigating the Principles of Good Faith under Indonesian and Dutch Law

The shared history between the Netherlands and Indonesia has given rise to extensive Dutch influence on the Indonesian legal system, including on the governance of civil and commercial matters through the adoption in 1847 in Dutch-held Indonesia of the 1830 Civil Code of the Netherlands (the Burgerlijk Wetboek or the “BW”). Since Indonesia gained its independence in 1945, the development of civil and commercial law in both countries has diverged as each country has developed its own case laws and jurisprudence. It should also be noted that the BW, as issued in 1830, has largely remained in force in Indonesia and is now referred to as the Indonesian Civil Code or “ICC”, whereas the Netherlands substantively reformed the BW in 1992.

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Key Contacts

Narendra Adiyasa

Partner, Jakarta

David Siagian

Managing Associate, Jakarta

Gregorius Wibisono

Associate, Jakarta