Open AccessMediation as an Alternative Dispute Resolution in Religious Court Systems in Indonesia
Author(s) -
Farahdinny Siswajanthy,
Edi Rohaedi,
H. Abid
Publication year - 2019
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v6i5.1121
Subject(s) - supreme court , law , mediation , dispute resolution , lawyer supported mediation , alternative dispute resolution , lawsuit , political science , obligation , original jurisdiction , dispute mechanism
Mediation is one of the most flexible alternatives of dispute resolution since mediating a dispute can be conducted through non-litigation means. In other words, it can be carried out by involving a complete absence of lawsuit in a court of law, or through litigation after the dispute is submitted to the court of law. The legal basis for mediation in the Supreme Court is regulated in the Supreme Court Regulations (Perma) Number 1 Year 2016 on The Procedure of Mediation in the Supreme Court as part of the revision process from the Supreme Court Regulations Number 1 Year 2008. In this case, the Supreme Court Regulations Number 1 Year 2016 has regulated various aspects of mediation, in which mediation is regarded as an obligation that must be carried out by litigators (civil dispute) in a court. If it is not implemented, the court’s decision will be null and void.