INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan
Vol. 2 No. 1 (2016): Februari 2016

Alternative Dispute Resolution (ADR) Sebagai Penyelesaian Sengketa Non Litigas

Yunari, Afrik (Unknown)



Article Info

Publish Date
10 Feb 2016

Abstract

In Indonesia the settlement of disputes in the business world, such as in trade, banking, mining projects, infrastructure and so on is done through a litigation process that is the process of dispute resolution between the parties conducted in court. But since the passing of Law number. 30 of 1999 on Arbitration and Alternative Dispute Resolution commonly known as Alternative Dispute Resolution (ADR), dispute resolution can be done with non-litigation path that is the dispute resolution outside the court. In the law, it is stated that alternative settlement of disputes outside the court can be done by using methods of consultation, negotiation, mediation, conciliation, or expert judgment. Alternative types of dispute resolution can be chosen by both business people and the public at large to resolve their civil disputes. ADR arises because of the demands of the business world to resolve disputes in simple, quick, and light costs. Although ADR is not considered to be a substitute for dispute resolution mechanisms through litigation, ADR is the answer of legal practitioners who have critical views of the justice system, such as the length of a litigation process in court to achieve final binding, judicial corruption, which is open to the public, the rise of case brokers, and others. Therefore, this paper will discuss Alternative Dispute Resolution (ADR) as a non litigation dispute option.

Copyrights © 2016






Journal Info

Abbrev

inovatif

Publisher

Subject

Education

Description

Inovatif: Jurnal ilmiah terbit setahun dua kali di bidang Pendidikan, Agama dan Kebudayaan Islam. Inovatif diterbitkan oleh Pusat P This journal should cover a wide range of disciplines, containing studies of religious education and culture based on multiculturalism, local wisdom, transformation in ...