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All Journal JURNAL EKONOMI, SYARIAH DAN STUDI ISLAM
Ramadhani, Reva Khoirotul
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Religion Arts Humanities Social Sciences

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ALTERNATIF PENYELESAIAN SENGKETA (APS) Damayanti, Arisma; Halimah, Firdatul; Ramadhani, Reva Khoirotul; Nurin N, Tabita Vasya; Ambarwati, Ulfa Khusnul; Salsabela, Zami
Jurnal Ekshis Vol 3 No 1 (2025): JURNAL EKONOMI, SYARIAH DAN STUDI ISLAM
Publisher : Yayasan Haiah Nusratul Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59548/je.v3i1.361

Abstract

Humans, as social beings, are often involved in legal relationships that may lead to disputes. To resolve such conflicts peacefully, Alternative Dispute Resolution (ADR) offers a non-litigation solution that is more efficient and cooperative. In Indonesia, although peaceful settlement has existed within traditional practices, the development of ADR has progressed more rapidly in Western countries. This study employs a descriptive qualitative approach through literature review to examine ADR mechanisms in resolving contractual disputes. Such disputes arise from violations of contractual rights and obligations, and may be resolved through litigation or alternative methods such as mediation and arbitration. A case study on a land sale agreement illustrates that a party who has not received full payment is entitled to withhold their obligations, in accordance with the principle of exceptio non adimpleti contractus. This research also highlights the importance of strengthening ADR education in universities to prepare legal practitioners capable of handling disputes outside of court
Co-Authors Ambarwati, Ulfa Khusnul Damayanti, Arisma Halimah, Firdatul Nurin N, Tabita Vasya Salsabela, Zami