JDP (Jurnal Dinamika Pemerintahan)
Vol 6 No 1 (2023): January

STRATEGI ADVOKASI MELALUI PROSES NONLITIGASI DALAM RANGKA PEMBAHARUAN PROSES PERADILAN DI INDONESIA

Reski Lestari (Sekolah Tinggi Agama Islam Negeri (STAIN) Bengkalis, Indonesia)
Wahyu subakti (Sekolah Tinggi Agama Islam Negeri (STAIN) Bengkalis, Indonesia)
Syed Agung Afandi (Universitas Islam Negeri Sultan Syarif Kasim Riau, Indonesia)



Article Info

Publish Date
18 Jan 2023

Abstract

This study aims to explain the advocacy strategy through the non-litigation process in the context of reforming the judicial process in Indonesia. Mediation in court is an institution and empowerment of peace (court connected mediation) with a philosophical foundation that is Pancasila which is the basis of the Indonesian state, especially the fourth precept "Popularity led by Wisdom of Wisdom in deliberation/representation". In resolving disputes, there are several dispute resolution mechanisms, namely litigation, non-litigation, and advocacy. The method used in this research is literature study, with the type of qualitative descriptive research. The results explain that alternative efforts and strategies for resolving disputes with the Non-Litigation route can achieve a peace in accordance with the wishes of both parties through Mediation, Advocacy and negotiation. In its application there are two types of obstacles in non-litigation efforts to resolve land grabbing disputes, because mediation is not clearly regulated in Law no. 30 of 1999 concerning Artibrasion and Alternative Dispute Resolution. And the non-litigation efforts are legally less certain because their legality is also not explicitly regulated in Law no. 30 of 1999.

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Journal Info

Abbrev

jdp

Publisher

Subject

Humanities Social Sciences

Description

JDP (Jurnal Dinamika Pemerintahan) is an open access journal that is published regularly in January and August each year. The JDP aims to build intellectuality and develop science through writing, research and studies on politics and the dynamics of governance that develop at the international, ...