Jurist-Diction
Vol. 8 No. 2 (2025): Volume 8 No. 2, Mei 2025

Comparative Assessment of Civil Procedure in Indonesia and The Netherlands: The Source of The Principles

Verdian, Vincentius (Unknown)



Article Info

Publish Date
31 May 2025

Abstract

This paper assessed the different sources of principles in the civil procedure between Indonesia and the Netherlands. Indonesia still uses the Inlandsch Reglement (IR) and the Rechtsreglement voor de Buitengewesten (RBg) while the Netherlands has updated their Civil Code incorporating the principles from the European Convention on Human Rights (ECHR). Therefore, the outdated regulation used in Indonesia lacks procedural protections such as timely case resolution and affordable proceedings. This matter creates a legal uncertainty between the Indonesian Constitution, the International Covenant on Civil and Political Rights (ICCPR), which emphasizes Human Rights, and the old Code of Civil Procedure itself. Although the Indonesian Government already made some efforts to fix this problem, it remains insufficient. This paper suggests that to improve legal certainty in Indonesia, they are required to make a new Code of Civil Procedure with provisions that ensure efficient and affordable legal proceedings.

Copyrights © 2025






Journal Info

Abbrev

JD

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aims of Jurist-Diction is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...