Ingratubun v. Asian Development Bank

The case concerned a civil action brought by an Indonesian national against Takehiko Nakao in his capacity as President and Chairperson of the Board of Directors of the Asian Development Bank (ADB), as well as against ADB itself. The plaintiff challenged actions allegedly taken in connection with ADB’s operations in Indonesia and sought judicial relief before the Indonesian courts.

In response, the defendants raised objections grounded in the international legal status of ADB, invoking the privileges and immunities accorded to the Bank and its officials under its constituent instrument and the Agreement between the Government of the Republic of Indonesia and ADB concerning the establishment of its resident mission in Jakarta. They argued that, as an international organization established by treaty and endowed with legal personality distinct from its member states, ADB enjoys immunity from every form of legal process in the territory of its members, except where such immunity has been expressly waived.

The High Court examined the legal framework governing ADB’s presence in Indonesia, including the relevant host agreement and the provisions of ADB’s founding charter concerning jurisdictional immunity. It considered whether Indonesian courts were competent to adjudicate claims directed against the organization and its President in the performance of official functions.

The Court affirmed that ADB, as an international organization operating in Indonesia pursuant to an international agreement duly accepted by the State, benefits from jurisdictional immunity before domestic courts. It further recognized that this immunity extends to acts performed in an official capacity by its President and senior officials, and that no express waiver of immunity had been demonstrated in the proceedings. On that basis, the court upheld the objection to jurisdiction and concluded that the claim could not proceed against ADB or its President before Indonesian courts.