THE IMPACT OF THE COMMON LAW SYSTEM AND CIVIL LAW SYSTEM ON THE DEVELOPMENT OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN INDONESIA

Abstract

Alternative Dispute Resolution (ADR) such as arbitration, mediation and reconciliation is gaining more attention for dispute resolution in Indonesia, as it is a more efficient ADR than litigation. Indonesia adheres to the Civil Law legal system, which prioritizes legislation and the written law system, but the influence of the Common Law system with a more flexible approach to dispute resolution has also had a significant impact on the formation and application of dispute resolution mechanisms in Indonesia. The purpose of this study is to analyze the impact of Common Law and Civil Law on the development of ADR in Indonesia, using an analytical descriptive approach, identifying how the influence of Common Law and Civil Law plays a role in influencing the regulation and practice of ADR in Indonesia, as well as the challenges faced in its implementation. The results show that although Indonesia adheres to Civil Law, Common Law elements such as party autonomy in arbitration and flexibility in mediation, are beginning to be accepted and adapted. However, it has major challenges in terms of education, access, and standardization of ADR procedures in Indonesia.