Overview Of The Indonesia Appraiser Cases From Civil Law And Common Law Perspectives

Abstract

At present there are no laws governing appraisers, different from similar professions such as accountants or notaries. This condition further strengthens the dichotomy between civil law and common law that is already running in Indonesia. A convergent approach to the discovery and legal formation of this assessment by judges is the best alternative besides the administrative approach by professional associations, MAPPI and regulators, the Financial Services Authority.

The legal aspect of appraisal contains with two things: its process and the final report as a legal subject. In the event of a dispute and gets to court, the judge decides based on civil law based on the agreement and the occurrence of default from the appraiser, to then proceed to the criminal process if an element of fraud, falsification or embezzlement of data is obtained, and fraud. This work order becomes the jurisprudence of the judges until there is a stipulation of related laws.

Keywords: Civil law and common law, appraisal, convergence approach,  administrative approach, legal responsibilities of the appraiser