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VOL. 8, ISSUE 4 (2022)
Mediation as an alternative dispute resolution of customary in Indonesia
Authors
Muhammad Rudi Syahputra, Mohd Din, Iman Jauhari
Abstract
One form of Alternative Dispute Resolution is Mediation. Based on research conducted by various academics on conflict resolution in the society of Indonesia, basically the culture of amicable resolution or conciliation through mediation is a value that is widely embraced by people in Indonesia. This research aims to examine in depth the position of mediation as an alternative dispute resolution between the disputing parties in Indonesian society. This is normative legal research; library research is used together with the approaches of concept and values. The findings are Mediation is one of the alternative dispute resolution. The settlement of disputes can be done in several ways, one of which is by involving a third party in the dispute resolution process to obtain an agreement between the disputing person, where this third party acts as an advisor or mediator. This type of dispute resolution model is called as mediation. Dispute resolution through mediation mechanisms in Indonesian society can be resolved through customary courts that applied in the society. Settlement of disputes in the Banjar community is known as Badamai Customary, in the Dayak community known as the Kedamangan, in the Achenese known as Majelis Adat (Customary Court). The granting of this authority to customary courts provides a great opportunity to contribute in resolving disputes that occur in the social community and reduces the number of cases that should be handled by formal courts. It is hoped that this will prevent a buildup of dispute cases.
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Pages:38-42
How to cite this article:
Muhammad Rudi Syahputra, Mohd Din, Iman Jauhari "Mediation as an alternative dispute resolution of customary in Indonesia". International Journal of Law, Vol 8, Issue 4, 2022, Pages 38-42
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