Khazanah Hukum
Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)

A Comprehensive Comparative Analysis of Mediation Practices in Indonesia and Malaysia

Muhammad Amrullah Drs Nasrul (Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, Selangor)
Nurin Athirah Mohd Alam Shah (Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, Selangor)
Wan Noraini Mohd Salim (Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, Selangor)
Devi Seviyana (Faculty of Law, Universitas Muhammadiyah Yogyakarta, Special Region of Yogyakarta)



Article Info

Publish Date
25 Apr 2024

Abstract

Mediation is one of the Alternative Dispute Resolution (ADR) that emphasises a mutually agreeable resolution and incorporates a win-win situation between parties. Mediation is not a rare concept in Indonesia and Malaysia. People in Indonesia and Malaysia have long used mediation in their daily lives as mediation has been proven to be effective since long ago. Due to its extensive use in Indonesia and Malaysia, a comprehensive study was carried out by the researcher to identify the comparison of mediation in Indonesia and Malaysia. In this paper, the researcher will review the practice of mediation in Indonesia and Malaysia via a comparison analysis where the researcher employs a qualitative approach via library-based research. Many reference sources and reading materials have been used by researchers to see similarities and differences between these two countries. The result of this study affirms that mediation practices in Indonesia and Malaysia are quite similar, despite being governed under a different law and regulations. In addition to having many similarities, one of the things that attracted the researcher's attention is that both countries have their challenges in carrying out mediation. Therefore, this aspect of the challenge also needs to be touched upon so that mediation can be conducted in both countries smoothly. It is also hoped that with this study, in the future, this study can also be used as a guide or manual in discussing mediation for both countries.

Copyrights © 2024






Journal Info

Abbrev

kh

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Khazanah Hukum is an international journal published three times a year by the Universitas Islam Negeri Sunan Gunung Djati. This journal discusses aspects of law in the Indonesian context and the context of globalization. The languages used in this journal are Indonesian and English. Khazanah Hukum ...