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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

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.

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ON THE RIGHT TO A FAIR TRIAL FOR PERSONS WITH INTELLECTUAL DISABILITIES Praniko Imam Sagita; Hendri Abdul Qohar
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.359

Human rights are rights inherent in every individual as a gift from God Almighty, which must be respected, protected and fulfilled by the state. The Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty that aims to promote, protect and guarantee the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. This research aims to increase awareness and understanding of the rights of persons with intellectual disabilities, particularly in ensuring access to a fair trial in accordance with the principles of the Convention on the Rights of Persons with Disabilities (CRPD). This research uses a normative juridical method by analyzing international and national laws and regulations related to the implementation of the CRPD in ensuring the right to a fair trial for persons with intellectual disabilities. The results showed that although Indonesia has ratified the Convention on the Rights of Persons with Disabilities (CRPD), its implementation in the judiciary is still constrained by the lack of understanding of legal officials, limited facilities, bias against the right to testimony of persons with disabilities, and weak enforcement of regulations.

The Effectiveness of Arbitration as A Commercial Dispute Resolution Solution in Indonesia Ananda Sujati; Joni Yusufa; Dede Hermawan; Pradita Wuri Safitri; Happy Yulia Anggraeni; Praniko Imam Sagita
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

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.

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

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.

Analisis Yuridis Penyelesaian Sengketa Internal DPRD Kabupaten Bandung Melalui Pendekatan Alternative Dispute Resolution Praniko Imam Sagita; Hendri Abdul Qohar
Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Vol. 5 No. 1 Februari 2026: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jipsi.v5i1.742

Internal disputes within regional legislative institutions, specifically the Regional House of Representatives (DPRD) of Bandung Regency, constitute a phenomenon that potentially hinders institutional performance and public service. This research aims to juridically analyze the resolution of internal disputes within the Bandung Regency DPRD through an Alternative Dispute Resolution (ADR) approach. The research method employed is normative-empirical juridical, utilizing statutory and case study approaches. The results of the study indicate that internal disputes within the Bandung Regency DPRD encompass leadership conflicts, struggles for positions within council organs, and differences in political stances among factions. The ADR approach, through mechanisms of negotiation, mediation, and deliberation for consensus (musyawarah mufakat), has proven more effective than litigation in resolving internal institutional disputes within the DPRD. Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution provides the legal foundation for the application of ADR, while the principle of deliberation for consensus enshrined in Pancasila serves as the fundamental philosophy for dispute resolution. The primary obstacles to the implementation of ADR include factional sectoral egos, the absence of specific regulations governing the resolution of internal DPRD disputes, and a weak culture of political compromise. This research recommends the necessity of formulating ADR-based guidelines for resolving internal DPRD disputes, which should be integrated into the council's rules of procedure.

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