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All Journal Diponegoro Law Review Journal of Private and Commercial Law
Nur Arif Nugraha
University of Sussex
Law, Crime, Criminology & Criminal Justice

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IMPLEMENTATION OF SIMPLE, FAST AND LOW-COST PRINCIPLES IN E-SUMMONS WITH THE E-COURT SYSTEM Dian Latifiani; Yusriyadi Yusriyadi; Agus Sarono; Esmi Warassih Pudjirahayu; Suryo Adi Widigdo; Nur Arif Nugraha
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.107-123

Abstract

Courts are expected to provide various advantages, namely speed, consistency, accuracy, and reliability. The judiciary in Indonesia adheres to a simple, fast, and low-cost trial. The reality in Indonesia is that case resolution is long-winded, expensive, and inefficient. The existence of technological developments brings benefits, especially in the world of justice where the judicial system that was originally based on conventional has shifted to an electronic-based justice system from then a new problem arose. E-Summon, which should make it easier to call parties, does not apply to people who are not familiar with technology. E-Summon is considered ineffective because the e-court system sometimes has errors and is considered long-winded because justice seekers who are not yet technologically savvy are required to have an email, be able to operate it, and must be ready if they get a call. This study examines how to optimize the E-Summons feature in realizing a simple, fast, and inexpensive E-Summons system. settlement of civil cases. The results show that the implementation of E-Summons has not been able to run optimally. The not yet optimal implementation of E-Summons is caused by the legal culture of the community that has not been able to accommodate the implementation of E-Summons. The legal culture of the people who are not used to operating e-mail and the lack of openness of technological insight which is the main capital in the implementation of E-Summons, the implementation of E-Summons has not run optimally.
Mediation as an Effort to Resolve Disputes on Ownership and Control of Heirs' Land Norafiq Aldyan; Dian Latifiani; Nur Arif Nugraha
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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Abstract

Support the successful implementation of mediation. This research uses a juridical-empirical approach. Data sources come from primary and secondary data using interview and documentation data collection techniques. Data validity uses triangulation which is then analyzed qualitatively. The research results show that (1) their disputes, according to Dean G. Pruitt and Jeffrey Z. Rubin's dispute theory, are caused by differences in interests and one of the effective resolution efforts is mediation. The implementation of this mediation resulted in an agreement to inherit; split property rights; and carry out a transfer of rights or change of name. (2) The successful implementation of mediation is in accordance with Lawrence M. Friedman's theory because it is supported by legal structure, legal substance, and legal culture. The strategy implemented is to ensure that disputes are resolved through mediation; coordinate with legal counsel; declare readiness to provide assistance; and communicate with the parties to the dispute.
Co-Authors Agus Sarono Dian Latifiani Esmi Warassih Pudjirahayu Norafiq Aldyan Suryo Adi Widigdo Yusriyadi Yusriyadi