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Indonesia Notarial Records: Difference between revisions
Indonesia Notarial Records (view source)
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[[Indonesia|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. 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 [[ | [[Indonesia|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. 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, 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. | 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. | ||