Year: 2024 | Month: November | Volume: 11 | Issue: 11 | Pages: 340-346
DOI: https://doi.org/10.52403/ijrr.20241130
Mandatory Mediation Under Indonesia Legal System
Sabela Gayo
Faculty Of Law, Universitas Bhayangkara Jakarta Raya
ABSTRACT
Mediation is a form of dispute resolution outside of court. Mediation is regulated in Law No. 30 of 1999 concerning arbitration and Alternative Dispute Resolution. However, this law does not specifically regulate mediation, and PERMA Number 1 of 2016 concerning Supreme Court mediation procedures again regulates mediation. PERMA does not exist in the hierarchy of laws and regulations and PERMA seems to fill a legal gap in the product of the law plus the warrant of the National Police Chief number 6 of 2019 concerning the handling of criminal acts based on the principle of Restorative Justice and the regulation of the Attorney General of the Republic of Indonesia (Perja) number 15 of 2020 concerning the handling of criminal acts based on the principle of Restorative Justice. Therefore, this paper questions whether mandatory mediation can be implemented in Indonesia through the application of laws or legal regulations. The research method in this study is normative law, using primary legal sources of Legal Regulation Theory and legal ideals of Gustav Radbruch. The results show that there is an urgent need to introduce mediation laws in Indonesia. The reason is, firstly, that the practice of mediation is very developed and is applied not only to civil cases, but also to some criminal cases and cases of human rights violations. Second, PERMA only applies within the Supreme Court. Third, the mediator and the mediation work to be carried out require guidelines in their behavior.
Keywords: Mediation Obligations, Law Reform, Dispute Resolution
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