인도네시아의 분쟁해결방식에 관한 연구: ADR의 관점을 중심으로

초록

Indonesia has witnessed the high level of violences in the whole region of indonesia, since the collapse of Suharto administration after the financial economic crisis during 1998. Those phenomena are in conflict with the notion of rukun (harmony) which is known to be internalized in Indonesian people. The survey implemented in 2006 indicates that the primary actor of dispute resolution is the head of village, informal leader and police. The legal system is not trusted by people in Indonesia. First, this study highlights the tendency that there are divergence of dispute resolution in terms of inside and outside dichotomy among indonesian people. Indonesian people prefers indirect method of dispute resolution against insiders. Unlike insiders, they prefer direct method of dispute resolution against outsiders. Second, this study examines the underlying cultures of dispute resolution in indonesia. We focus on rukun, gotong royong and adat in order to understand the dispute resolution mechanism in Indonesia. We show that one of key cultural elements in dispute resolution is rukun. Indonesian people has tendency to observe Rukun, peace on the surface level. Third, this paper investigates the role of musyawarah and mufakat as an informal dispute resolution in indonesia. Musyawarah means the consultation and mufakat means consensus. We show that the importance of musyawarah-mufakat by discussing three cases surrounding musyawarah-mufakat.

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