COMMERCIAL ARBITRATION IN INDONESIA
By : Prof. Mr. Dr. Sudargo GautamaI. INTRODUCTION.The regulation on arbitration in the Republic of Indonesia is contained inarticles 615-651 of the Regulation on Civil Procedure (abbreviated: R.C.P.). which has beenin force since 1847 (state gazette 1847 no. 52 jo. 1849 no. 63). It is primary a copy of the Dutch Code of Civil Procedure which in her turn is based on the French "Code deProcedure Civile". The R.C.P. is in general no longer valid for Indonesia since theoccupation of the Netherlands Indies by the Japanese forces in 1942.
However, the articles on arbitration have to be regarded as still valid untillnow. It is valid for persons living under European (Western) law (the population group of Europeans and Foreign Orientals-Chinese), but it is also used for persons who in civilaffairs, according to the lawmaker, were placed on the group of persons livingunder their own customary law (the population-group of Autochtonous Indonesiansand Foreign Orientals-non Chinese).
Prasaran pads LAWASIA CONFERENCE di Jakarta, 1973. This paper a revised version of my essay :"International Commercial Arbitration , The Republic of Indonesia", in the series "Arbitrage InternationalCommercial. International Commercial Arbitration" published by the "Union Internationale des Avocats", Rap porteur GeneralPieter Sanders, Dalloz et Sirey (Paris), Martinus, Nyhoff (The Hague).
Before the Second World War separate courts exist for the respective population-groups in the Netherlands Indies.With the Japanese occupation the special courts for Europeans and Foreign Orientals the
"Ratlen van Justine"
were withdrawnand transformed into courts for
"State Courts" a
revised form of the pre-war
the courts for indigenous population-group). Unification of Civil Courts and its procedural law wasobtained. The R.C.P. is no longer uphold and the
Revised Indonesian Regulation
Herziene Indonesisch Reglement, Reglemen Indonesia Diperbaiki.
State Gazette nr. 16/1848, nr. 44/1941) is now used by the State Courts. However,the provisions of the R.C.P. may be used by the Civil Courts if it is required for the realisation of the civil law and the rulescontained in the R.I.R. are insufficient or do not exist at all.
The inhabitants of the Netherlands Indies were according to law divided into three main population-groups :First, the group of "Europeans", then the
such Arabs, British-Indians, Malayans etc.) and lastly the "Natives" (indig-enous population of Indonesia). (Sec. art. 163 and 131 of the
the Constitution for the Netherlands Indies). See Sudargo Gautama and R. Hornick, An Introduction to Indonesian Lawja:karta-Bandung 1973,Chapter 1:
MAN ON STREET SOCIETY 2009