Dispute Resolution Arbitration in Indonesia is not a new phenomenon. It has been around for a long time. In fact, arbitration was first introduced in the sixteenth century by the Spanish Magellan and later implemented by the Italian government under Napoleon Bonaparte. The concept of Dispute Resolution became popular in the western world only after World War II when it was implemented to resolve conflicts between the two warring parties and to eliminate extra-judicial executions. Since then, Dispute Resolution has evolved into a standard process used in different fields like labor disputes, consumer and contract disputes, commercial disputes, and other human rights-related disputes. Continue reading →
Indonesian civil procedure law can be understood with the help of the acronym TRIA. The acronym stands for Traditional Administration of Law, which is adapted from customary administrative law. What this means is that, in civil cases, the traditional rules of court are used as a model for adjudicating legal issues. When dealing with civil cases, it is usually more convenient for parties to reach an agreement outside the courtroom, through the signing of papers, rather than going to trial, as is often the case in other fields.
What are some typical difficulties under civil procedure? There are two parts to a civil action: the parties and the evidence. The parties are represented by counsel or their agents, and there is a witness called the s.h. which carries the responsibility of providing the required evidence to prove the existence and genuineness of the parties. Continue reading →
A key feature of administrative law is that it applies to all bodies other than the courts. For instance, there are tribunals and boards which can be created and funded by legislation. The same is true for corporations which are required to have a board to maintain their efficiency and effectiveness. There are also agencies like the Competition Bureau, which has the duty to ensure that the mergers and acquisitions done by companies do not result in price fixing. There are even bodies like the Securities and Exchange Commission, which has the responsibility to oversee mergers and acquisitions. All of these bodies can be implemented within an administrative body.
Administrative law is an extremely broad subject. What it actually covers is all those features that can be found in government agencies. In fact, one can even find a part of it in corporate bodies as well. Basically, administrative court procedure law is all those aspects which are dealt with in a court proceeding. These are divided into two major branches – customary and statutory. Continue reading →
Criminal Procedure Law is the body of law that governs criminal cases. It is also known as Penicilliary Law. Criminal proceedings in Indonesia begin with the presentation of a charge to be tried by a district or regional court. The prosecutor then makes an appearance before the court and makes an initial presentation of the evidence and witnesses that will be presented at the trial. In some instances the prosecuting attorney may also make an appearance in the criminal proceeding. Continue reading →