Indonesia Notarial Records: Difference between revisions

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, we see an increase in contractual documentation calling for arbitration, although most of these require an attempt at amicable resolution as a prerequisite. A recent Supreme Court regulation 2 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.

The Arbitration Law allows witnesses of fact or expert witnesses to be called, either at the request of a party or as ordered by the tribunal. Witnesses are to testify under oath. Note that it is recognized in all aspects of the law in Indonesia that the testimony of a single witness shall be not be trusted, unless accompanied by that of another witness or by other supporting evidence. Family, relatives, those having relation with a disputant through marriage and divorced husbands or wives are generally not qualified or permitted to act as witnesses, except in certain exceptional cases. Nor are employees, principals or other personnel of a disputant company considered as witnesses, but are identified as being a part of the party itself.

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