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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum
Muhamad Ali Muhsim
Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia
Religion Law, Crime, Criminology & Criminal Justice

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COMPARATIVE STUDY OF MEDIATION IMPLEMENTATION IN INDONESIA AND TURKEY Muhamad Ali Muhsim; Erfaniah Zuhriah; Ali Hamdan
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.28485

Abstract

Mediation as an alternative dispute resolution has its advantages. However, behind the advantages of dispute resolution, it is inversely proportional to the data on the success of mediation in Indonesia which is very low. Based on statistical data from the Semarang Religious Court during 2015-2019, less than 3% of mediations were successful. However, the data on the success of mediation in Indonesia contradicts that of Turkey. During 2017, more than 80% of cases were successfully resolved through mediation. Based on this data, it is necessary to compare the implementation of mediation between Indonesia and Turkey. This research is included in normative juridical research with a qualitative comparative approach. The results of this study indicate that there are similarities and differences in the implementation of mediation between Indonesia and Turkey. The equation lies in the terms of the mediator, the number of mediators and the place. The difference lies in regulation, mediation time, disputes that must be mediated, mediation implementation, mediator title, mediation fees, mediator audit, mediator membership fees and the strength of the peace deed
Co-Authors Ali Hamdan Erfaniah Zuhriah