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Comparison of Dispute Resolution Through Mediation in Indonesia and Japan Sapta Eka Yanto; Zainal Arifin Hosein
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i1.1103

Abstract

This study aims to compare the mediation systems in Indonesia and Japan, focusing on procedural differences and similarities, as well as the factors influencing their implementation in both countries. Mediation as an alternative dispute resolution offers a more peaceful and efficient solution, reducing the burden on courts. In Indonesia, mediation is regulated by the Supreme Court Regulation (PERMA) No. 1 of 2016, which mandates that mediation be conducted at the early stages of the trial with non-judge mediators. In contrast, Japan's wakai system allows mediation to occur at various stages of the judicial process with judges serving as mediators. Additional differences include the procedures for conducting mediation, the authority of mediators, and the mechanisms for ratifying mediation results that hold the force of law in both countries. Despite the fundamental differences in their systems, both countries share the same goal of achieving a fair resolution beneficial to both parties. Cultural factors, legal systems, and court structures are essential elements influencing these differences and similarities. This research provides important insights for the development of mediation practices in Indonesia by considering the implementation of a more flexible system similar to Japan’s.
The Legal Vacuum in Law Enforcement of Digital Currency Crimes by the Police Sapta Eka Yanto; Faisal Santiago
Journal of World Science Vol. 3 No. 12 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i12.1242

Abstract

The rapid development of digital currencies has introduced significant legal challenges, particularly concerning currency counterfeiting crimes. Existing regulations in Indonesia are often considered inadequate to address the complexities of such offenses, creating a substantial legal vacuum. This study employs a normative juridical research method with legislative and conceptual approaches to examine legal provisions and analyze the characteristics of digital currencies within the legal framework. The findings reveal critical regulatory gaps in defining and penalizing digital currency-related crimes, highlighting the urgent need for legal reforms. Key recommendations include strengthening regulatory frameworks, enhancing police investigative capabilities, and fostering cooperation between law enforcement and financial institutions. Establishing more precise legal definitions and providing specialized training for police officers are essential steps toward building a more responsive and effective law enforcement system capable of addressing digital-era crimes. These measures aim to improve legal enforcement practices and support the development of comprehensive digital currency regulations.