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All Journal Journal of Progressive Law and Legal Studies MLIJo
Kurniasih Bahagiati
Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penyelesaian Sengketa Wanprestasi Kredit Macet di BUMDesMa Kanor Mandiri Berkah Kabupaten Bojonegoro Emir Muhammad Adiel Mahendra; Kurniasih Bahagiati
MLIJo: Journal of Law and Islamic Thought Vol 1 No 1 (2026): MLIJo
Publisher : Sharia Faculty of Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/mlijo.v1i1.17135

Abstract

One of the initiatives by BUMDesMa Kanor Mandiri Berkah in Kanor District, Bojonegoro Regency, is the Dana Bergulir Masyarakat (DBM) savings and loan program, which encounters challenges related to loan defaults and breach of contract by borrowers. BUMDesMa adopts a non-litigation approach, specifically mediation, to resolve disputes. This study seeks to elucidate the dispute resolution process in cases of loan defaults at BUMDesMa Kanor Mandiri Berkah and to examine the challenges encountered during this process. Employing an empirical juridical research method with a sociological approach, the study gathered data through interviews with key personnel at BUMDesMa. Data analysis involved verification, classification, and conclusion. The results reveal that the mediation process at BUMDesMa Kanor Mandiri Berkah has limitations in effectively resolving disputes, with several obstacles impeding the resolution process.
Arbitration as an Alternative to Resolving Industrial Relations Disputes on Employment Rights in Indonesia: A Restorative Justice Approach Kurniasih Bahagiati; Walid Fajar Antariksa
Journal of Progressive Law and Legal Studies Том 4 № 02 (2026): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v4i02.2496

Abstract

The resolution process in the Industrial Relations Court, conducted by judges or ad hoc judges, often takes a long time, involves high costs, and frequently ends with decisions that leave one party dissatisfied and disadvantaged. Therefore, a mechanism for resolving industrial relations disputes that is quick, accurate, fair, and inexpensive, harmonious, dynamic, and supported by official institutions is needed. The purpose of this study is to examine the concept of arbitration as one of the alternatives for resolving industrial relations disputes and to understand it from the perspective of restorative justice. This study uses a normative juridical method, with a legislative approach and a conceptual approach. The primary data for this study are laws and regulations, specifically Law No. 2 of 2004 on the Resolution of Industrial Relations Disputes, as well as related official documents. The secondary data in this study are legal literature and academic journals on the resolution of industrial relations disputes and restorative justice. Research results show that arbitration is the best mechanism for resolving industrial disputes because its decisions are final and binding, unlike mediation, whose outcomes are advisory and not binding. Arbitration also differs from the long-standing, complex, and costly Industrial Relations Court. The concept of arbitration as an alternative method for resolving industrial disputes aligns with the restorative justice approach, which focuses on restoring the relationship between workers/laborers and employers. This study contributes to the development of legal scholarship on industrial relations dispute resolution by offering a restorative justice perspective on arbitration as an effective, efficient, and relationship-oriented mechanism.
Co-Authors Emir Muhammad Adiel Mahendra Walid Fajar Antariksa