Some Problems of Legal Politics of Mediation out of the Court as a Business Dispute Resolution in Indonesia

  • ST Burhanuddin, Reda Manthovani

Abstract

The existence of court mediation in Indonesia is a resolution to overcome the number of cases that do not increase every year. Mediation was governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Settlement and Regulation of the Supreme Court No. 1 of 2016 on Court-Annexed Mediation Procedures. The existence of mediation in Indonesia, however, is not optimal yet, since business disputes can not be effectively resolved. This paper aims at finding and analyzing some issues of legal policy of mediating out-of-court settlement as a business dispute resolution from this condition. This research is a descriptive investigation of Empirical Law. Primary data used in this research come from Supreme Court interviews. The secondary data used includes legal mediation products. The analysis was carried out using methods of qualitative and quantitative analysis with the paradigm of the critical theory. Results of this research show that the legal dispute resolution policy in Indonesia remains weak and needs to be redirected to put mediation at the forefront of efforts to resolve business disputes. Mediation needs to be improved outside the courts; legislators need to set down strict mediation rules.

Published
2020-06-04