KEWAJIBAN PENGGUNAAN BAHASA INDONESIA DALAM PERJANJIAN PINJAMAN LUAR NEGERI (LOAN AGREEMENT) (Studi Kasus Putusan Nomor 1572 K/Pdt/2015)

Abstract

Indonesian has a position as the national language and as the state language. It is concluded that the Indonesian language carries out various duties and functions which are very important, one of which is as a national identity. So that people are required to always foster and develop Indonesian as the national language and the state language. In this writing, the researcher uses a normative juridical research type, which means an approach that is carried out by examining theories, concepts, studying the laws and regulations concerned with this research or the law approach. Results of the discussion Even though the nature of the use of the Indonesian language in international agreements includes a loan agreement as an obligation, if you look at Law Number 24 of 2009 there is no regulation regarding sanctions if you violate these rules, therefore all agreements that use foreign languages can be categorized as agreements lawful and binding on the parties and for the Court in decision Number 1572 K/Pdt/2015 decided to cancel the loan agreement between PT. BKPL with Nine Am Ltd. With the cancellation, all provisions that have been binding on both parties are null and void, so that the result is that they return to their original state, where it is deemed that there has never been a previous agreement. As a result of returning to its original state it is detrimental to Nine Am Ltd as an investor in terms of time and finances so that it will reduce the sense of security and comfort as well as the loss of confidence of foreign investors to invest in Indonesia.