Indonesia Notarial Records: Difference between revisions

[[Indonesia Genealogy|Indonesia]] does not have, for the most part, a litigious culture. The country's underlying philosophy, Pancasila, calls for deliberation to reach a consensus and discourages contention in all things, where possible. With a mix of diverse cultures, most of her people are invariably courteous and eschew confrontation of any kind. Commercial litigation is relatively rare, particularly when compared with such jurisdictions as [[Singapore]], [[India]], and the [[United States]], for example.  

But aside from the cultural rationale, the uncertainty and unpredictability of court judgments and the inordinate amount of time it can take to reach a final and binding decision through the judicial system also act as a disincentive to litigation. As business transactions become more and more sophisticated and complex, an increase in contractual documentation calling for arbitration can be seen, although most of these require an attempt at amicable resolution as a prerequisite. A recent Supreme Court regulation now requires an attempt at mediation before a case may be heard in the courts, and arbitrators are required to try to encourage amicable settlement before commencing hearings.  

Indonesia being a civil law jurisdiction, the rules of evidence and discovery procedures are far less developed than those of common law jurisdictions. The Arbitration Law provides only that the parties are afforded an opportunity to explain their respective positions in writing and to submit evidence deemed necessary to support such positions. The Arbitration Law refers to the old Dutch-based code of civil procedure for examination of witnesses and other evidentiary matters. Evidence is defined as comprising of written evidence, testimony of witnesses, inference, acknowledgments and oath.