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All Journal LEX ET SOCIETATIS JOURNAL SCIENTIFIC OF MANDALIKA (JSM) Jurnal Smart Hukum (JSH)
Pinta Nadia Simamora, Pinta Nadia
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Smart Hukum (JSH)

 1 
The Role of Mediation in Resolving Civil Law Disputes in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ganap, Nita Cicilia; Simamora, Pinta N. S.; Burhanuddin, Ahmad
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1269

Abstract

The utilisation of mediation as a mechanism for the resolution of civil law disputes in Indonesia has become increasingly significant, representing an alternative to the frequently protracted, expensive, and adversarial litigation process. Mediation, a form of alternative dispute resolution (ADR), adopts a collaborative and amicable approach by facilitating dialogue between disputing parties with the assistance of a neutral third party. This study aims to examine the role and effectiveness of mediation within Indonesia's civil law framework, with a focus on its legal foundation and practical implementation. A qualitative research methodology was employed to analyse the recent scholarly literature, legal documentation and case studies, in order to draw conclusions on the impact of this process on a range of civil disputes, including those arising from family law, commercial conflicts and disputes relating to land ownership.The findings indicate that mediation has a number of significant advantages, including the expediting of dispute resolution, the reduction in legal expenses and the preservation of relationships between disputants, thereby alleviating the burden on Indonesia's overburdened judicial system. However, despite the evident benefits, the adoption of mediation in Indonesia faces considerable challenges. These challenges encompass a paucity of public awareness, inadequate mediator training and cultural perceptions that favour litigation over other solutions.
Legal Implications of Electronic Contracts in Civil Law: A Case Study in the Digital Era Simamora, Pinta N. S.; Ginting, Grenaldo; Rantung, Cindy Mariam Magdalena; Kaunang, Pingkan Dewi; Dewi, Putri Maha
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1272

Abstract

This study explores the legal implications of electronic contracts (e-contracts) within the framework of Indonesian civil law, emphasizing the challenges and opportunities presented by digital transactions in the contemporary marketplace. Utilizing a qualitative research methodology, data were collected through literature reviews, document analysis, and semi-structured interviews with legal practitioners, academics, and e-commerce representatives. The findings reveal three key themes: Legal Validity, highlighting issues related to authentication and evidence admissibility; Legal Clarity, underscoring the need for specific regulations governing e-contracts and emerging technologies like smart contracts; and Consumer Protection, addressing jurisdictional complexities and the necessity for enhanced consumer awareness. The study concludes that while Indonesia recognizes e-contracts as legally binding, significant gaps remain in the regulatory framework that must be addressed to foster trust and innovation in the digital economy. Recommendations include developing clearer regulations, improving authentication processes, and strengthening consumer protection laws. This research contributes to the ongoing discourse on electronic contracting in Indonesia, providing insights that are essential for stakeholders navigating the evolving landscape of digital transactions.
The Role of Mediation in Resolving Civil Law Disputes in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ganap, Nita Cicilia; Simamora, Pinta N. S.; Burhanuddin, Ahmad
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1269

Abstract

The utilisation of mediation as a mechanism for the resolution of civil law disputes in Indonesia has become increasingly significant, representing an alternative to the frequently protracted, expensive, and adversarial litigation process. Mediation, a form of alternative dispute resolution (ADR), adopts a collaborative and amicable approach by facilitating dialogue between disputing parties with the assistance of a neutral third party. This study aims to examine the role and effectiveness of mediation within Indonesia's civil law framework, with a focus on its legal foundation and practical implementation. A qualitative research methodology was employed to analyse the recent scholarly literature, legal documentation and case studies, in order to draw conclusions on the impact of this process on a range of civil disputes, including those arising from family law, commercial conflicts and disputes relating to land ownership.The findings indicate that mediation has a number of significant advantages, including the expediting of dispute resolution, the reduction in legal expenses and the preservation of relationships between disputants, thereby alleviating the burden on Indonesia's overburdened judicial system. However, despite the evident benefits, the adoption of mediation in Indonesia faces considerable challenges. These challenges encompass a paucity of public awareness, inadequate mediator training and cultural perceptions that favour litigation over other solutions.
Legal Implications of Electronic Contracts in Civil Law: A Case Study in the Digital Era Simamora, Pinta N. S.; Ginting, Grenaldo; Rantung, Cindy Mariam Magdalena; Kaunang, Pingkan Dewi; Dewi, Putri Maha
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1272

Abstract

This study explores the legal implications of electronic contracts (e-contracts) within the framework of Indonesian civil law, emphasizing the challenges and opportunities presented by digital transactions in the contemporary marketplace. Utilizing a qualitative research methodology, data were collected through literature reviews, document analysis, and semi-structured interviews with legal practitioners, academics, and e-commerce representatives. The findings reveal three key themes: Legal Validity, highlighting issues related to authentication and evidence admissibility; Legal Clarity, underscoring the need for specific regulations governing e-contracts and emerging technologies like smart contracts; and Consumer Protection, addressing jurisdictional complexities and the necessity for enhanced consumer awareness. The study concludes that while Indonesia recognizes e-contracts as legally binding, significant gaps remain in the regulatory framework that must be addressed to foster trust and innovation in the digital economy. Recommendations include developing clearer regulations, improving authentication processes, and strengthening consumer protection laws. This research contributes to the ongoing discourse on electronic contracting in Indonesia, providing insights that are essential for stakeholders navigating the evolving landscape of digital transactions.
Co-Authors Ahmad Burhanuddin, Ahmad Andreas Lengkong Arie M. Andes Cindy Mariam Magdalena Rantung Cindy Rantung Dewi, Putri Maha Ganap, Nita Cicilia Grenaldo Ginting Henny Saida Flora Herts Taunaumang Joice Umboh Pingkan Dewi Kaunang