JUSTISI
Vol. 12 No. 3 (2026): JUSTISI

Analysis of the Effectiveness of Alternative Dispute Resolution (ADR) as an Out-of-Court Solution

Arief Ashari Amir (Universitas Muhammadiyah Sorong)
Hadi Tuasikal (Universitas Muhammadiyah Sorong)
Sokhib Naim (Universitas Muhammadiyah Sorong)



Article Info

Publish Date
27 Sep 2026

Abstract

This study aims to analyse the effectiveness of the role of alternative dispute resolution (ADR) as an out-of-court dispute resolution solution, identify obstacles in its implementation, and assess the alignment between normative regulations and their practical application within the Indonesian legal system. This study's method is a normative legal study with a statutory approach, a conceptual approach, and a case approach. Data were obtained through a literature study of primary, secondary, and tertiary legal materials, and then analysed qualitatively prescriptively. The novelty of this research is focused on the development of ADR studies that not only discuss conventional mediation but also integrate the concept of online dispute resolution (ODR) as a form of ADR digitalisation, linked to the principles of restorative justice and its relevance in resolving customary land disputes in the region. The results of the study show that ADR has higher effectiveness compared to litigation in terms of time efficiency, cost, flexibility, and the ability to produce win-win solutions. However, the implementation of ADR still faces obstacles such as the low legal awareness of the community, the limited number of professional mediators and arbitrators, and the suboptimal execution of the agreement outcomes. The conclusion of this research is that ADR is an effective, fast, inexpensive, and substantively just dispute resolution mechanism. However, to optimise its role in the Indonesian legal system, it is necessary to strengthen regulations, improve the quality of human resources, and develop institutions and digitalisation through ODR so that access to justice can be broader and more responsive to the needs of society.

Copyrights © 2026






Journal Info

Abbrev

js

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Justisi provides a forum for publishing research articles, reviewer articles from academics, analyst, practitioners who are interested in providing literature on Legal Studies in all aspects. Scientific articles covering among them : 1. Criminal Law; 2. Civil Law; 3. Constitutional Law; 4. State ...