Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora
Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora

Comparison of Dispute Resolution Through Mediation in Indonesia and Japan

Sapta Eka Yanto (Unknown)
Zainal Arifin Hosein (Unknown)



Article Info

Publish Date
15 Nov 2024

Abstract

This study aims to compare the mediation systems in Indonesia and Japan, focusing on procedural differences and similarities, as well as the factors influencing their implementation in both countries. Mediation as an alternative dispute resolution offers a more peaceful and efficient solution, reducing the burden on courts. In Indonesia, mediation is regulated by the Supreme Court Regulation (PERMA) No. 1 of 2016, which mandates that mediation be conducted at the early stages of the trial with non-judge mediators. In contrast, Japan's wakai system allows mediation to occur at various stages of the judicial process with judges serving as mediators. Additional differences include the procedures for conducting mediation, the authority of mediators, and the mechanisms for ratifying mediation results that hold the force of law in both countries. Despite the fundamental differences in their systems, both countries share the same goal of achieving a fair resolution beneficial to both parties. Cultural factors, legal systems, and court structures are essential elements influencing these differences and similarities. This research provides important insights for the development of mediation practices in Indonesia by considering the implementation of a more flexible system similar to Japan’s.

Copyrights © 2025






Journal Info

Abbrev

ALADALAH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal ini adalah jurnal studi ilmu-ilmu Politik, Sosial, Hukum dan Humaniora yang bersifat peer-review dan terbuka. Bidang penelitian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Jurnal Politik, Sosial, Hukum dan ...