Dispute Resolution Process in Indonesia

Asian Law Series


by Hikmahanto Juwana ( Professor of Law, Faculty of Law ,University of Indonesia )
March 2002
Table of Contents

PDF (934KB)

Title page, Content, etc.


General Introduction

Part I Overview of the Dispute Resolution Mechanism in Indonesia
Chapter I Dispute Resolution by the Court System
 I.1 Overview of the Court System
  I.1.1 Laws Governing the Court System
  I.1.2 Court Structure
   i) Jurisdiction of the Courts
   ii) Hierarchy of the Courts
   iii) Jurisdiction and Hierarchy Combined
  I.1.3 Flow of Civil Litigation
 I.2 Perception of the Parties on the Court System
  I.2.1 Perception of the Indonesians
   i) Perception of the Lower-Middle Class
   ii) Perception of the Middle-Upper Class
  I.2.2 Perception of the Expatriates
  I.3 Problems Surrounding the Court System
  I.4 Direction of Judicial System
  I.5 Other Avenues for Seeking Resolution outside the Court

Chapter II Alternative Dispute Resolution
 II.1 Scope of the Term
 II.2 Negotiation, Conciliation and Mediation
  II.2.1 Background
  II.2.2 Provisions Governing Negotiation, Mediation and Conciliation
  II.2.3 ADR under the Arbitration Act
 II.3 Arbitration
  II.3.1 Background
  II.3.2 Features of the Arbitration Act
  II.3.3 Arbitration Centers
   i) Arbitration with General Jurisdiction
   ii) Specialized Arbitration
  II.3.4 Problems Surrounding Arbitration Mechanism
 II.4 Mandatory ADR
  II.4.1 Background
  II.4.2 Tax Court (Pengadilan Pajak)
  II.4.3 Commission for Supervision of Business Competition (KPPU)
  II.4.4 Labor Dispute Settlement Committees

Part II Study on Dispute Resolution Process in Specific Cases
Chapter III Consumer Dispute Resolution Process
 III.I Background
 III.2 Nature of Dispute
 III.3 Provisions on Dispute Settlement
  III.3.1 BPSK as Center for Consumer Dispute Settlement
  III.3.2 Provisions for Consumer Seeking for Relief
   i) Categories of Plaintiff
   ii) Out of Court Settlement
 III.4 Consumer Dispute Resolution in Practice
  III.4.1 Court Mechanism
  III.4.2 ADR Mechanism

Chapter IV Labor Dispute Resolution Process
 IV.1 Background
 IV.2 Laws Governing Labor Dispute
 IV.3 Nature of Disputes
 IV.4 Provisions on Dispute Settlement
  IV.4.1 Under the Prevailing Laws
  IV.4.2 Under the Industrial Dispute Settlement Bill
   i) Negotiation
   ii) Mediation and Conciliation
   iii) Arbitration
   iv) Court
 IV.5 Labor Dispute Resolution in Practice
  IV.5.1 Formal Mechanism
  IV.5.2 ADR Mechanism

Chapter V Environmental Dispute Resolution Process
 V.1 Background
 V.2 Nature of Dispute
 V.3 Provisions on Dispute Settlement
 V.4 Dispute Resolution in Practice
  V.4.1 Court Mechanism
  V.4.2 ADR Mechanism

Chapter VI Summary



Unofficial Translation of Law No. 30 Year 1999