Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Vol 20, No 2 (2008)

MODEL PENYELESAIAN SENGKETA LINGKUNGAN MELALUI LEMBAGA ALTERNATIF

Mr. Absori (Unknown)
Khuzaefah Dimyati (Unknown)
Kelik Wardiono (Unknown)



Article Info

Publish Date
13 Jun 2008

Abstract

Resolving environmental dispute through court litigation often ends up with failure. As a consequence, society in ccoperation with Non-Governmental Organization (NGO) and environmental organization prefer to use Alternative Dispute resolution (ADR) to reslove environmental dispute. In this regard, mediation is often chosen by the parties as it promotes a “win-win solution”. Moreover, mediation offers efficient, cheap and fast dispute resolution process. However, Indonesian law has not adequately accomodated the use of ADR in environmental dispute. As a consequence, the problem of legal certainty often come up. In order to overcome this situation, it is important to develop a mediation process that ensures the legal certainty for both of the disputants. This can be done by developing a mediation forum which is legalized by court.

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