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All Journal Jurnal Analogi Hukum
Luh Putu Suryani
Universitas Warmadewa, Denapasar-Bali, Indonesia
Law, Crime, Criminology & Criminal Justice

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Peran Mediasi dalam Penyelesaian Sengketa Sertipikat Gandadi Badan Pertanahan Nasional (BPN) Kabupaten Klungkung I Gede Agus Marta Dinata; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.152-155

Abstract

Land or territory is the main element of a country. The magnitude of the influence of land on human life, makes the State obliged to guarantee legal certainty for the land rights even though these rights are still limited by the interests of other people, society, and the state. From the background, problems can be formulated such as 1). How is the dual certificate dispute resolution through mediation at the Klungkung Regency National Land Agency (BPN)? 2). What are the obstacles in resolving a double certificate dispute at the National Land Agency (BPN) Klungkung Regency? This research is empirical legal research by describing the law as law in action. The state policy on land tenure security was strengthened and its rights and obligations were regulated in the Basic Agrarian Law (UUPA) issued in 1960. Nevertheless, land issues cannot be spared from people's lives. One of the problems that often occurs is the existence of multiple certificates. In this case, the National Land Agency has an important role to play in resolving it.
Mediasi Online sebagai Alternatif Penyelesaian Sengketa Hubungan Industrial pada Masa Pandemi Covid-19 di Indonesia Dewa Putu Ade Wicaksana; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Analogi Hukum Vol. 3 No. 2 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.177-182

Abstract

The massive spread of the Covid-19 pandemic has hampered the process of resolving conventional industrial relations disputes in Indonesia. Online mediation as an alternative dispute resolution forum that is capable of accommodating the interests of the parties according to the formal rules of industrial relations dispute settlement in collaboration with technology. The problems of this study are: 1. How is the arrangement of online mediation as an alternative to resolving industrial relations disputes during the COVID-19 pandemic in Indonesia; 2. How is the validity of the results of online mediation as an alternative to resolving industrial relations disputes during the COVID-19 pandemic. The research method used is a normative legal research method that examines legal norms substantially, based on a conceptual approach and a legal approach. The collection of legal materials using document study techniques. The results of this study indicate that the Law. No. 30 of 1999 and Law. No. 2 of 2004 has implicitly provided space for online mediation as an alternative instrument for resolving industrial relations disputes. Indonesia does not yet have a legal umbrella both formal and material that regulates "lex specialis" regarding online mediation as well as written agreements resulting from online mediation as an alternative to resolving industrial relations disputes during the COVID-19 pandemic, does not yet have legally binding power, so it is still vulnerable to be violated by the parties.
Co-Authors Dewa Putu Ade Wicaksana Dewi, A.A Sagung Laksmi I Gede Agus Marta Dinata