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All Journal Santhet: (Jurnal Sejarah, Pendidikan Dan Humaniora) Jurnal Smart Hukum (JSH)
Ganap, Nita Cicilia
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
FREE EDUCATION POLICY IN INDONESIA: IMPLEMENTATION CHALLENGES AND THE FULFILLMENT OF CITIZENS' CONSTITUTIONAL RIGHTS: Kebijakan Pendidikan Gratis di Indonesia: Tantangan Implementasi dan Pemenuhan Hak Konstitusional Warga Negara Nita Cicilia Ganap
Santhet: (Jurnal Sejarah, Pendidikan Dan Humaniora) Vol 9 No 4 (2025): SANTHET: (JURNAL SEJARAH, PENDIDIKAN DAN HUMANIORA) 
Publisher : Proram studi pendidikan Sejarah Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/santhet.v9i4.5780

Abstract

This study examines the implementation of free education policy in Indonesia from a constitutional law perspective, aiming to assess the extent to which this public policy aligns with the constitutional mandate under Article 31 of the 1945 Constitution. The research adopts a normative juridical approach combined with empirical analysis to evaluate how free education policies are formulated, implemented, and enforced across different regions. Legal documents, regulations, and policy instruments such as the School Operational Assistance (BOS) program and regional regulations were analyzed alongside field data collected through interviews and case studies. Findings reveal a significant gap between constitutional norms and policy practices, as many schools continue to impose informal fees under various forms—contrary to the constitutional guarantee of free and accessible education. Inconsistent interpretations of regulations at the local level, weak institutional capacity, and inadequate oversight mechanisms contribute to persistent violations. The discussion highlights the need for clearer regulatory formulations, stronger enforcement frameworks, and increased legal awareness among citizens and educational stakeholders. Furthermore, the study underscores the importance of civil society participation and effective governance in ensuring transparency and accountability. Based on these findings, the research recommends harmonizing national and regional regulations, strengthening institutional capacity within schools and local governments, and introducing legal mechanisms such as class action suits to enable citizens to claim their constitutional right to free education. Ultimately, realizing the constitutional promise of free education requires a multidimensional and legally grounded approach that prioritizes justice, equality, and public accountability.
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.
Co-Authors Ahmad Burhanuddin, Ahmad Grenaldo Ginting Henny Saida Flora Pinta Nadia Simamora, Pinta Nadia