Litigation Dispute Resolution Comparative Guide

1 Legal framework

1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?

Indonesia has a civil law system. Therefore, each case before the Indonesian courts is determined based on its particular facts and merits, rather than on precedent. However, in practice, judges often consider legal precedent when handing down their verdicts, although they are not bound by precedent.

1.2 What rules govern litigation in your jurisdiction?

Civil procedural law is governed by several regulations, some of which are direct legacies from the Dutch colonial era. These regulations include:

• the amended Native/Indonesian Regulations, which apply in Java and the Madura Islands;