Al-Risalah : Jurnal Imu Syariah dan Hukum
VOLUME 22 NO 1, MAY (2022)

COMPARATIVE STUDY OF MEDIATION IMPLEMENTATION IN INDONESIA AND TURKEY

Muhamad Ali Muhsim (Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia)
Erfaniah Zuhriah (Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia)
Ali Hamdan (Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia)



Article Info

Publish Date
28 May 2022

Abstract

Mediation as an alternative dispute resolution has its advantages. However, behind the advantages of dispute resolution, it is inversely proportional to the data on the success of mediation in Indonesia which is very low. Based on statistical data from the Semarang Religious Court during 2015-2019, less than 3% of mediations were successful. However, the data on the success of mediation in Indonesia contradicts that of Turkey. During 2017, more than 80% of cases were successfully resolved through mediation. Based on this data, it is necessary to compare the implementation of mediation between Indonesia and Turkey. This research is included in normative juridical research with a qualitative comparative approach. The results of this study indicate that there are similarities and differences in the implementation of mediation between Indonesia and Turkey. The equation lies in the terms of the mediator, the number of mediators and the place. The difference lies in regulation, mediation time, disputes that must be mediated, mediation implementation, mediator title, mediation fees, mediator audit, mediator membership fees and the strength of the peace deed

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Journal Info

Abbrev

al_risalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in ...