Foreign Law Ascertainment and Private International Law Reform in Indonesia: Strategic Pathways for Institutional Transformation

This article examines the strategic path of legal and institutional reform in Indonesia with a particular focus on foreign law ascertainment and the development of private international law. Since the reform era of 1998, Indonesia has made progress in democratization, decentralization, and strengthening the principle of the rule of law. Nevertheless, the persistence of regulatory fragmentation, overlapping authorities, weak institutional capacity, and corruption continues to hinder the realization of effective and accountable governance. In the context of cross-border civil relations, Indonesia still relies on outdated colonial provisions—Articles 16–18 of the Algemene Bepalingen—which are inadequate for addressing contemporary global. This research uses a normative-juridical approach with conceptual analysis and comparison of institutional practices. This article is expected to contribute to the development of academic discourse while offering practical recommendations for policymakers and stakeholders in the reform process. The findings indicate that meaningful reform requires regulatory codification, harmonization with international instruments, judicial capacity-building, and the creation of expert networks and foreign law databases. This article argues that strengthening the mechanisms for foreign law ascertainment is crucial not only for ensuring legal certainty and fairness in international transactions but also for enhancing Indonesia’s competitiveness and credibility in the global legal order. The integration of legislative reform, institutional strengthening, and regional cooperation is identified as a strategic pathway toward building a more coherent, accountable, and internationally connected system of private international law.