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All Journal Journal of Legal and Cultural Analytics (JLCA) International Journal of Law, Crime and Justice
Sovia Simamora
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Law, Crime, Criminology & Criminal Justice

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Legal Analysis of the Legal Force of Mediation Results as a Dispute Resolution Method in Business Contracts (Based on Law Number 30 of 1999 Concerning Alternative Dispute Resolution) Glora Meliana Sitohang; Jinner Sidauruk; Sovia Simamora
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13878

Abstract

Based on Larw Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, this study examines the legality of mediation outcomes as a dispute resolution procedure in business contracts. Mediation is one alternative dispute resolution technique. By using a mediator as an impartial third party, the two parties to the dispute hope to come to a peaceful resolution. In commercial negotiations, mediation offers benefits since it saves time and money while preserving positive relationships between the parties. This study combines a qualitative analytical method of statutory regulations, legal documents, and related literature with a normative juridical approach. According to the research findings, if the mediation judgment specified in the agreement satisfies specific requirements outlined in Law Number 30 of 1999, it has bonding legal force for both parties. In addition to being signed by the mediator and the parties, the mediation agreement may be presented to a court for approval, or homologation, which grants it executory powers. In addition, this study found a number of elements that affect how well mediation works to settle disputes involving commercial contracts, such as the mediator's skill and reputation, the transparency of the mediation process, and the parties' openness in sharing information and communicating with one another. The analysis's findings led to the conclusion that mediation, when used to settle conflicts in commercial contracts, has a great deal of potential to be an effective and efficient solution, with adequate legal force in accordance with applicable regulations.
Legal Review of Legal Protection for Children Born Out of Wedlock Based on Constitutional Court Decision Number 46/PUU-VIII/2010: Implications of Constitutional Court Decision No. 46/PUU-VIII/2010 on the Rights of Children Born Out of Wedlock Elis Yesika br Rajagukguk; Roida Nababan; Sovia Simamora
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.755

Abstract

This research examines the legal safeguards for children born outside of marriage in Indonesia after the release of Constitutional Court Decision (MK) No. 46/PUU-VIII/2010, which represented a pivotal shift in national family legislation. Up until now, children born outside of marriage have frequently encountered bias and unfair treatment, both socially and legally. The Constitutional Court (MK) Decision No. 46/PUU-VIII/2010 marks an important advancement in enhancing the civil status of children born outside of marriage, establishing connections not just with their mother and her relatives, but also with their biological father if scientifically validated, for instance, via DNA testing. In this research, the author will examine how judges define legal protection for children born outside of marriage in light of Constitutional Court Decision No. 46/PUU-VIII/2010 and how this decision is executed in legal practices and everyday life, especially concerning the acknowledgment of rights for children born outside of marriage and the obligations of their biological fathers.This study uses a normative research method with a legislative approach and a case approach.  Data was collected through library research covering primary, secondary, and tertiary legal materials, namely by collecting legal materials through studies of books, journals, legal research results,  as well as various official institutional documents such as regulations and other literature relevant to the issues being studied.  The research findings indicate that legal protection for children born out of wedlock needs to be further strengthened through legal reform, public education,  and legal recognition and validation mechanisms, so that the basic rights of children can be optimally fulfilled in accordance with human rights principles and applicable laws and regulations.
Co-Authors Elis Yesika br Rajagukguk Glora Meliana Sitohang Jinner Sidauruk Roida Nababan