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Poetry, Farahadayune Naharani
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Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The legal standing of the high prosecutor’s office as a mediator in the resolution of civil disputes between the government and civil society Poetry, Farahadayune Naharani; Alhadiansyah, Alhadiansyah; Prihatin, Angga; Mangunsong, Putri Tio Octaria; Marpaung, Olyfia Febryanti
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.1113

Abstract

This study analyzes the legal status and institutional role of the Indonesian Prosecutor’s Office in mediating civil disputes between the government and civil society. Although the Prosecutor’s Office holds a sui generis position under national law—exercising prosecutorial powers alongside authority in civil and administrative matters—its structural placement within the executive branch raises concerns about neutrality and independence. The dual role of the Prosecutor’s Office as both mediator and State Attorney creates an inherent conflict of interest, potentially undermining the neutrality, procedural justice, and equality of arms essential to ADR. Drawing on doctrinal analysis and theories of procedural justice and separation of powers, this study argues that overlapping functions compromise mediation legitimacy. Public trust may decline when mediation is facilitated by an institution aligned with the disputing party. The study recommends limiting the Prosecutor’s Office to consultative functions, while substantive mediation should be handled by independent bodies. Clear functional demarcation and strengthened ethical guidelines are necessary to safeguard neutrality, accountability, and the rule of law.
The normative study of the legal force of electronic mediation in digital business dispute resolution Hasjim, Andi Tri Utami; Poetry, Farahadayune Naharani
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.1127

Abstract

The growth of Indonesia's digital economy, driven by startups and digital investments, has amplified business disputes. Traditional litigation is often inadequate, increasing the reliance on mediation. While current regulations (Law 30/1999, PERMA 1/2016) govern conventional mediation, the shift to electronic (online) mediation presents critical normative challenges in the digital business context. Despite the benefits of online mediation (efficiency, cost-effectiveness), before the enactment of PERMA No. 3 of 2022, specific provisions regarding its implementation, validity, and the binding nature of its outcomes were scarce. Major issues persist concerning the legal effects of electronic mediation agreements, particularly regarding electronic contracts, signature validity, and enforcement mechanisms in startup-investor disputes. Key uncertainties include the legal standing of the agreements, their equivalence to arbitration awards, and the precise procedure for their confirmation. This research conducts a normative study on the Legal Power of Electronic Mediation in Digital Business Dispute Resolution. By analyzing relevant regulations and the concept of electronic contracts, this study aims to clarify the legal status, certainty, confirmation mechanism (e.g., court ratification), and legal implications of violating an online mediation agreement within the Indonesian legal system.
Co-Authors Alhadiansyah HASJIM, ANDI TRI UTAMI Mangunsong, Putri Tio Octaria Marpaung, Olyfia Febryanti Prihatin, Angga