Jurnal IUS (Kajian Hukum dan Keadilan)
Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan

The Urgency Of Mediator’s Good Faith In Mediating Legal Disputes: The Critical Analysis Study

Jasmaniar Jasmaniar (Universitas Muslim Indonesia)
Zainuddin Zainuddin (Universitas Muslim Indonesia)



Article Info

Publish Date
15 Dec 2022

Abstract

This study aims to explore the concept and urgency of mediator’s good faith in mediating civil law. It is a normative juridical study (doctrinal) with secondary data from primary and secondary legal materials, using bibliography technique. Those materials are analyzed with a qualitative descriptive method. Further, good faith is put as the highest principle in agreement, including mediation and expecting to be implemented by all dispute parties and mediators as well. A mediator’s good faith should be carried out with earnest effort and intention formerly, instead of pushed by constitution to mandatory mediating dispute parties. This study has shown that good faith visibly implements if the mediator actively conducts the functions and responsibilities with confidentiality, volunteer, empowerment, neutrality, and exclusive solutions as the principles.  

Copyrights © 2022






Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...