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All Journal AKADEMIK: Jurnal Mahasiswa Humanis Jurnal Indonesia Sosial Sains
Sagita, Praniko Imam
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Penerapan ADR dan Potensi Arbitrase dalam Penyelesaian Sengketa Medis di Indonesia Anggraeni, Happy Yulia; Sagita, Praniko Imam; Yusmana, Fane Virginia; Reza, Muhamad; Sehafudin, Sultan; Johan, Willy
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 5 No. 1 (2025): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v5i1.1267

Abstract

Medical disputes in Indonesia often face challenges such as lengthy litigation processes, high costs, and low satisfaction among the parties involved. In this context, Alternative Dispute Resolution (ADR), particularly mediation and arbitration, offers a more efficient solution. Mediation has been regulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution as well as Supreme Court Regulation (Perma) No. 1 of 2016. However, arbitration mechanisms still lack a specific legal framework, even though Law No. 17 of 2023 on Health emphasizes the importance of swift and fair dispute resolution in healthcare services. Unlike litigation, arbitration allows for final, expedited, and binding resolutions. Countries such as the United States, the United Kingdom, and Taiwan have successfully implemented arbitration in medical disputes. Taiwan, for instance, has specific regulations that facilitate medical arbitration processes, providing legal certainty for patients and healthcare providers. Indonesia can learn from these international experiences. By clarifying arbitration regulations in the healthcare sector, the government can strengthen a dispute resolution system that is responsive to societal needs. This enhancement can be achieved through the training of professional arbitrators and promoting the use of ADR, ensuring that medical disputes are resolved more fairly, quickly, and cost-effectively.
The Effectiveness of Arbitration as A Commercial Dispute Resolution Solution in Indonesia Sujati, Ananda; Yusufa, Joni; Hermawan, Dede; Safitri, Pradita Wuri; Anggraeni, Happy Yulia; Sagita, Praniko Imam
Jurnal Indonesia Sosial Sains Vol. 6 No. 2 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i2.1612

Abstract

Despite being regulated in Law Number 30 Year 1999, the effectiveness of arbitration in Indonesia still faces various challenges, such as lack of public understanding, high costs for small businesses, and limited arbitration infrastructure in the regions. Therefore, there is a need to evaluate and strengthen the role of arbitration to ensure that this mechanism can be a quick, fair solution and support business sustainability in Indonesia. The purpose of this study is to assess the extent to which arbitration has been able to be an effective solution in resolving commercial disputes in Indonesia, identify factors that influence its success, and provide recommendations to increase its efficiency and trustworthiness as a fair and speedy dispute resolution alternative. This research uses a descriptive method with a qualitative approach to describe phenomena systematically and accurately. Data was collected through documentation techniques, analyzing various relevant documents such as reports, archives, or articles. Data analysis was conducted in three stages: data reduction, data presentation, and conclusion drawing validated through triangulation. The results showed that arbitration is an effective commercial dispute resolution mechanism in Indonesia because it offers a fast process, affordable costs, and a final and binding award. Its advantages include flexibility, confidentiality, and international recognition through the New York Convention. However, its optimization requires strengthening regulations and education to overcome challenges such as the lack of understanding of business actors and inconsistencies in the application of the law.
Co-Authors Dede Hermawan Johan, Willy Muhamad Reza Safitri, Pradita Wuri Sehafudin, Sultan Sujati, Ananda Yusmana, Fane Virginia Yusufa, Joni