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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
HM, Makkah
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Law, Crime, Criminology & Criminal Justice

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The Role of Mediation and Arbitration in Civil Dispute Resolution Suratno, Ujang; Utama, Andrew Shady; Dewi, Sandra; HM, Makkah; Wantu, Hasyim Mahmud
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4745

Abstract

Civil dispute resolution is an important aspect of the legal system, aiming to achieve a fair and efficient solution for the parties involved. Mediation and arbitration, as alternatives to out-of-court dispute resolution (ADR), have gained significant popularity in recent years. This systematic literature review aims to examine the role of mediation and arbitration in civil dispute resolution. This study uses a systematic search methodology to identify and analyze relevant studies in various scientific databases. The results of this study conclude that mediation and arbitration are valuable tools for resolving civil disputes. By raising awareness and addressing existing challenges, mediation and arbitration can play a greater role in achieving fair and efficient settlement of civil disputes. Both methods not only reduce the burden on the court, but also increase the participation and satisfaction of the parties to the dispute. Mediation and arbitration provide procedural flexibility that allows for adjustments to the specific context of the dispute, ultimately resulting in better acceptance of the decision. However, the successful implementation of mediation and arbitration is highly dependent on a supportive legal framework and policies that promote its use. Overall, mediation and arbitration are vital components in the modern civil dispute resolution system, with great potential to improve the efficiency and effectiveness of the justice system.
Analyzing the Efficacy of Restorative Justice Practices in Criminal Law HM, Makkah; Utama, Andrew Shandy; Guna, Bucky Wibawa Karya; Kurniawan, Andri; Nugraha, Aat Ruchiat; Suhardy, Suhardy; Sarnoto, Ahmad Zain; Triantho, Alex Irawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the effectiveness of restorative justice practices in the context of criminal law. Restorative justice is an alternative approach that focuses on restoring relationships between perpetrators, victims, and society through dialogue and out-of-court settlements. With the growing idea that traditional criminal justice systems are often more repressive than rehabilitative, restorative justice offers a new paradigm that emphasizes perpetrator responsibility, victim recovery, and active community involvement. This study uses case study methods and literature reviews to evaluate the extent to which restorative justice practices are able to achieve their main goals, namely reducing recidivism, recovering victims, and reintegrating perpetrators. The results show that, while restorative justice is effective in some contexts, its implementation is often hampered by a lack of understanding, a supportive legal framework, and resistance from traditional legal systems. In conclusion, although restorative justice has great potential in improving the weaknesses of the conventional criminal justice system, further development is needed in policy and application to ensure its success more broadly.
Co-Authors Aat Ruchiat Nugraha Ahmad Zain Sarnoto andrew shandy utama, andrew shandy ANDRI KURNIAWAN Guna, Bucky Wibawa Karya sandra dewi Suhardy, Suhardy Suratno, Ujang Triantho, Alex Irawan Utama, Andrew Shady Wantu, Hasyim Mahmud