Model Of Dispute Resolution Research Articles

Keadilan Restoratif Sebagai Upaya Penyelesaian Tindak Pidana Dalam Sistem Hukum di Indonesia

The justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice, namely a process where all parties involved in a particular criminal act work together to solve the problem, how to deal with the consequences in the future, not yet regulated by strict norms that prevent criminal cases from having to be resolved outside of court using restorative justice. Based on the background above, researchers are very interested in studying: 1) How is the development of restorative justice in the Indonesian legal system? and 2) What are the principles of restorative justice in resolving criminal cases in Indonesia? The type of research used in this research is normative legal research. The development of restorative justice in the Indonesian legal system is based on the lack of satisfaction from the existing criminal justice system process, where it is felt that it does not meet the needs of the community, because in a criminal justice system process the parties in conflict are not involved but only involve between perpetrators and the state. Victims and the community are not involved in conflict resolution, in contrast to the principle of restorative justice where victims and the community are also involved in conflict resolution. The principle of restorative justice in resolving criminal cases in Indonesia is not something relatively new in Indonesia because it is a dispute resolution model which is one type of alternative punishment in the criminal law system in line with the aim of criminal sanctions according to the concept of customary law, namely restoring cosmic balance, balance between The world was born with the supernatural world, to bring a sense of peace between fellow citizens or between members of society and their community.

Customary Mediation Practices: Practical Experiences from Indonesia

The current view of society no longer sees that the court is the only dispute resolution institution. The existence of court institutions has been indicated by various cases of corruption, collusion, and nepotism, better known as KKN. This is given that many products of court decisions deviate from the principles of justice, are quick and inexpensive. In this context, an alternative dispute resolution model is needed in the customary law community that is more efficient, fair and accommodating in order to maintain the continuity and sustainability of the life of the customary law community, which is more humane and equitable. The tradition of dispute resolution in customary law communities is based on the value of the philosophy of togetherness (communal), sacrifice, supernatural values, and Justice. In customary law Community, common interest is a philosophy of life that permeates every member of the indigenous community. The practice of customary mediation in this paper in practice, the karo people of North Sumatra and papu is a form of local wisdom in resolving disputes or conflicts in Customary Law communities with a community mediation approach where in Community Mediation, leaders (customary leaders) have an important role and must have skills in resolving disputes using customary rules contained in Indigenous communities. The purpose of adat mediation practices in Indonesia is the existence of community adat mediation to maintain the balance and harmony of Indigenous Peoples by prioritizing deliberation rather than dispute resolution through legal channels.

Sharia Economic Dispute Resolution Model According to Qanun No. 11 of 2018 concerning Sharia Financial Institutions

When many business entity activities start to appear that use the sharia label, the resolution must be carried out by institutions that truly understand sharia economics. So, creating economic products that have the term sharia attached to them is not easy and requires various kinds of adjustments, such as; applicable laws and regulations, contemporary economic developments in global society which tend to be value-free, varied transaction models, and so on. All of this must be able to be adjusted to sharia principles. The problem formulation in this research is: What is the Sharia Economic Dispute Resolution Model seen from Qanun No. 11 of 2018 concerning Sharia Financial Institutions? The type of research used is library research, namely by studying and examining sources. written text that is relevant to the discussion material. The results of this research are a model for Sharia Economic Dispute Resolution after the implementation of Qanun No. 11 of 2018 concerning Sharia Financial Institutions, a model for resolving disputes through non-litigation (outside of court), namely a model for resolving disputes that is carried out using methods that exist outside of court. usually called an alternative dispute resolution institution.

Alternative Dispute Resolution in Marine Pollution: Advancing Ecological Justice through the Polluter Pays Principle

This study seeks to elucidate the challenges associated with compensation in marine pollution disputes through the lens of the Alternative Dispute Resolution (ADR) model. Governed by UUPPLH Number 32 of 2009, polluters are mandated to provide compensation for both affected parties and environmental restoration. However, the implementation of the ADR model in practice has seen polluters compensating only the affected communities, notably fishermen. This research endeavors to develop an ADR legal framework that encapsulates ecological justice, ensuring fairness for both society and the environment. The methodology employed in this study is non-doctrinal legal research, which involves analyzing legal phenomena within their social and cultural context. Findings from this research indicate that pollution disputes in the waters in Cilacap were resolved using the ADR model, with a disproportionate focus on compensating fishing communities. This results in environmental damage due to minimal environmental ADR legal framework grounded in the Polluter Pays principle. Such a framework should encompass legal provisions for environmental prevention, mitigation, and restoration. From a structural perspective, it is imperative to foster integration and connectivity between the community and ministries responsible for addressing marine environmental pollution, to facilitate effective environmental mitigation and restoration efforts. Additionally, in the realm of legal culture, there is a crucial need to cultivate legal awareness among the public regarding environmental conservation and management. This awareness should permeate all levels of society, including business entities, legislative bodies, the government, and law enforcement agencies. A robust legal system is essential for making ADR an equitable mechanism for resolving disputes, benefiting both victims of pollution and the environment.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

Wapwapek Ambover Traditional Wisdom of the Napa People in Dispute Resolution

<p><em>This research aims to understand Wapwapek Ambover: the traditional wisdom of the Napa People (Subetnik Biak) used in dispute resolution which can be adopted as a contextual model that is considered suitable for resolving disputes effectively, thoroughly and with dignity. The method used in this exploratory research is supported by two empirical research methods, namely exploratory and descriptive methods to obtain ethnoscientific data on the Napa People, which is still relevant in dispute resolution supported by triangulated interview and observation techniques. The results of the research found that Wapwapek Ambover is the wisdom of the Napa people in dispute resolution efforts, namely the traditional court called fuknuser under the Kankain Kakarara Vyak institution, and four forms of violence: structural (political), resolved with material fines, which ends with the sacred ritual of Wapwapek Ambover " reed-cutting oath', as a model for achieving harmony and peace. Wapwapek Ambover is a model of effective dispute resolution, according to Napa people.</em><em></em></p>

Simple Claim Execution Reorientation in Civil and Business Disputes for Legal Certainty

This study aims to prescribe the importance of rethinking the regulation of the execution of simple lawsuits in the justice system in Indonesia, considering that simple lawsuits have many advantages as an alternative for resolving civil and business disputes. This research is normative legal research with a law approach, a conceptual approach, and a comparative law approach. The countries used for comparison are Singapore, the Netherlands, and the United States. The study results show that legal uncertainty regarding the mechanism of the simple lawsuit court decision is a factor that must be considered if you want a simple lawsuit to be one of the models of dispute resolution in the business and civil disputes that exist in Indonesia. This should be the homework of the government or the Supreme Court in establishing clear rules regarding the procedure for executing a simple lawsuit. This is important to provide clarity and legal certainty for the parties.
 Keywords: simple lawsuit, judicial system, legal certainty

Land Acquisition Authority Dispute Model: Case Study of the Construction of the Makassar–Parepare Railway in Pangkajene Regency and the Islands of South Sulawesi Province

This research aims to create an effective dispute resolution model for land acquisition authority. Qualitative research design with a case study approach. Data collection techniques through interview observation and document study. The informants consisted of leading and supporting stakeholders, analyzed using a qualitative descriptive method with content analysis techniques through in-depth interpretation and meaning by simplifying data, presenting data and conclusions and validating the data-by-data triangulation. The researchers' findings show that the mechanism for obtaining authority from the parties in land acquisition can be through attribution, Delegation, and mandate. So that an effective SENADA model can be created that can help resolve land acquisition authority disputes. It is essential to involve all relevant parties in the implementation and development of this model. It is hoped that it can speed up the performance of land acquisition; the same model is effective and can be improved.

The Philosophical and Legal Rationale for a Systematic Analysis of Digital Dispute Resolution Models in Modern Arbitration

In the article, the author presents a systematic analysis of models of digital dispute resolution in modern arbitration. The author studied the dispute resolution models on the platforms “Kleros”, “Aragon”, “CodeLegit”, as well as the Draft arbitration rules for smart contracts “JAMS-2018” and the English “DDRR-2021”. The author identifies the following types of models of arbitration dispute resolution: 1) traditional arbitration; 2) traditional arbitration with blockchain elements (a model based on the CodeLegit platform), 3) digital arbitration (“DDRR-2021”). The most important feature and difference of the English “Digital DR Regulation” 2021 is the fact that the entire process from the beginning (occurrence of the case) to the end (execution of the decision) is resolved automatically without the intervention of human arbitrators with the help of an artificial intelligence agent. This is the procedure for resolving a dispute in the field of smart contracts that should be called digital arbitration. The so-called “decentralized arbitration” on the platforms “Kleros”, “Aragon”, “OpenLaw”, “Mattereum Protocol”, “Rhubarb Fund”, “Jury.Online”, “Jur”, “OATH Protocol”, “Juris” and other models of this type does not allow these models to be considered arbitration. The author believes that these models should be conditionally called crowdsourcing quasi-arbitration.

Returning the Stolen Land (The Current Settlement of the Senamanenek Kampar Indigenous People with PT. Perkebunan Nusantara V)

Conflicts over land between Senamanenek Indigenous Peoples of Kampar Regency and PT. Perkebunan Nusantara V has occurred since the early 1990. While national legislation acknowledges adat (customary) as a legitimate basis for rights, the current legal framework presents significant hurdles for communities seeking to assert their land claims based on adat rights. As an empirical legal research, this study tries to propose a new dispute resolution model to deal with the problem. This research found that government intervention as the owner of State-Owned Company capital determines the resolution of customary land disputes such as the PTPN V and Senamanenek Indigenous Peoples disputes. The settlement was carried out after receiving a presidential order and the United Indonesia Cabinet Limited Meeting results by returning the land and its contents from the PTPN V to the government. Then, the government hands over to individual Senamanenek Indigenous Peoples members who are issued certificates of ownership through the TORA mechanism.

Международный инвестиционный арбитраж как сфера международного публичного и конституционного права

The article analyses the main features of modern arbitration of investment disputes between investors and investment-receiving states and argues that modern investment arbitration is strikingly different from the model that states had in mind when it was created. Investment arbitration has evolved from a private model of dispute resolution to a mechanism that is fully regulated by public international law due to the fact that investment arbitration is created on the basis of an international agreement and considers disputes concerning the obligations of States arising not from a contract, but from international treaties. The current state of investment arbitration requires a rethinking of the domestic doctrine regarding investment disputes and investment arbitrations in favour of recognising their public-law nature and its being at the intersection of public international law and constitutional law.

The establishment of simple lawsuit rules in business disputes in Indonesia: an challenge to achieve fair legal certainty

This study aims to prescribe the importance of rethinking the regulation of the execution of simple lawsuits in the justice system in Indonesia, considering that simple lawsuits have many advantages as an alternative for resolving civil and business disputes. This research is normative legal research with a law approach, a conceptual approach, and a comparative law approach. The countries used for comparison are Singapore, the Netherlands, and the United States. The study results show that legal uncertainty regarding the mechanism of the simple lawsuit court decision is a factor that must be considered if you want a simple lawsuit to be one of the models of dispute resolution in the business and civil disputes that exist in Indonesia. This should be the homework of the government or the Supreme Court in establishing clear rules regarding the procedure for the execution of a simple lawsuit. This is important to do to provide clarity and legal certainty for the parties.

An Evaluation Of The Legal Framework For Resolving Disputes In The Digital Ecosystem In Nigeria

The discovery of innovative wealth creation through digital assets has become one of the gifts of modern technology to economic empowerment and commercial advancement. Like every other field of property holding, ownership and control; investment in digital assets portends new forms of disputes that require quick, effective and cheap resolution mechanisms if the securities market is to maintain decorum and growth. Utilising the doctrinal research methodology, this article probes into the dispute resolution mechanisms contained in the Investment and Securities Act (ISA), for the resolution of capital market disputes in Nigeria to determine its adequacy in resolving disputes arising from digital assets transactions. The paper found that the promotion of convenient private dispute resolution models like Alternative Dispute Resolution (ADR) and a flexible adjudicatory model in form of specialised courts is required for dispute resolution in commercial and economic investments in the nature of digital assets. The paper also found that the model under ISA leaves much to be desired as the intrigues generated by the constitutional validity of the jurisdiction of the Investment and Securities Tribunal (IST) created thereunder compromised its efficacy and the lack of statutory backing for ADR processes thereunder could erode investors’ confidence in the process. The paper recommends constitutional amendment for a thorough and detailed mechanism for dispute resolution in the capital market.

In Search of A Just And Equitable Agricultural Land Dispute Settlement In Indonesia

Agricultural land dispute is commonly resolved by a non-judicial settlement. It however experienced silent conflict and a just and due process of law due to multiple interests involved. Responding to these salient disputes, in 2021 the International Institute for Unification of Private Law (UNIDROIT) established a legal guide to assist developing countries to draft a more sustainable and responsible agricultural land investment contract (ALIC). In Liew to the UN Guiding Principle on Business and Human Rights (2011), the state and enterprises shall exercise adequate oversight to protect the breach of human rights including the customary land rights. The research aims at assessing the agricultural land dispute settlement pursuant to ALIC. It was found that land dispute settlement was dependent upon the maintenance of social control consisting of a dynamic mixture of informal and formal systems. This type of social control enabled creating a balance between disputants, minimizing transactional costs and promoting effective law enforcement. The article elaborated land dispute settlement in two different cases in Indonesia and discusses non-litigation hybrid model of land dispute resolution to promote a better strategy for resolving a land dispute in Indonesia. At the same time, this model may serve as a potential method to provide a better strategy to promote private rulemaking to prevent further disputes as a transition to the application of ALIC.

Dispute Resolution Model of Druwe Mrajan Land Rights from Different Religious Heirs in Badung Regency

Customary land in Bali has a very close relationship with the daily life of indigenous people in Bali. Until now, inheritance disputes still occur a lot in Bali, especially seeing the economic value of customary land in Bali today, it also triggers people who have converted from Hinduism to have the same rights as those who are still Hindus in terms of inheritance regardless of the various obligations that must be carried out in Balinese Customary society. The objectives of research are to explore and identify the temple land / Druwe Mrajan land which is still sustainable today, and find court decisions that strengthen Balinese Customary Law. The method uses descriptive approach to describe precisely the properties of an individual, situation, symptom or certain group to determine the presence or absence of a relationship between a symptom and other symptoms in society. Through an Empirical approach, with the reality that occurs in the community according to the Awig-awig of the Padang Luwih Traditional village, states that people who have left Hinduism (Ninggal Kedaton) no longer get inheritance rights in the family, because they cannot carry out their obligations both in life in the Customary community, Family, and obligations to ancestors in Mrajan Agung. Inheritance in Balinese customary law does not solely contain the rights of the heirs to the inheritance property, but more than that, the most important is the obligation of the heirs to the testator. The obligation of the heirs is a consequence of the rights they receive.

Airline Customers Conflict Resolution in The Framework of Legal Protection For Consumers in Indonesia

Aviation related issues include low supervision of airlines in Indonesia, the condition of aircraft that are old and less feasible and high rates of flight accidents. Management negligence and mistakes reach a level that endangers state security. An airline is an organization that provides flight services including cargo to passengers. They provide these services and form cooperation or alliances with other airlines for mutual benefit. However, the relationship between customers and airlines can sometimes lead to ruthless legal battles and violent conflicts. This paper discusses legal protection for airline customers in Indonesia. It seeks to investigate not only the legal arrangments regarding air transportation in Indonesia but mechanism to minimize/prevent disputes between consumers and airlines. Consumer dispute resolution with airlines refers to the Consumer Protection Act and Aviation Law. The research reveals that consumer-airlines conflicts can be resolved outside of the court through several dispute resolution models, including Consumer Dispute Settlement Agency, Non-Governmental Consumer Protection Agency, the Directorate of Consumer Protection agreed by the parties, based on Article 1338 of the Civil Code. This paper also show that it is necessary to make a simple dispute resolution system specifically for airline consumers in the form of an airline consumer dispute resolution assembly or a special arbitration agency.

As inconsistências da solução investidor-Estado na proteção internacional do investidor estrangeiro: análise das principais cláusulas substantivas dos BITs a partir dos casos arbitrais ad hoc, sob a perspectiva dos países receptores de capital

International investment law is historically structured by the unilateral protection of the foreign investor. The dissemination of the Bilateral Investment Treaty (BIT) model dates back to the second half of the twentieth century, and its expansion occurred only after the 1980s. BITs consist of an international agreement comprising substantive and procedural rules, defining the protection of foreign investment and investors in a territory other than their nationality, as well as establishing a dispute resolution model, with the adoption of the Investor-State solution system via ad hoc arbitration. In the 21st century, after decades of prevalence of BITs, there have been numerous criticisms of this model, characterized by subjective and controversial decisions, incongruous interpretations and, above all, by blocking the legitimate exercise of the State to dispose of its public interest, such as environmental protection, health and economic measures. The article analyzes these substantive rules from ad hoc arbitration cases: (i) National Treatment (NT); (ii) Most-Favored-Nation Treatment (MFN); (iii) Minimum Standard of Treatment (MST) principle; (iv) Fair and Equitable Treatment (FET); (v) Full Protection and Security (FPS); (vi) Direct and Indirect Expropriations and Compensation; and (vii) Umbrella Clause. Finally, the article concludes that the arbitral awards are inconsistent and inflict serious damage to the exercise of the States, especially to host States, which is evidenced by the recent amendments of the BITs by more restrictive models of international investment protection.

Establishment of Land Court in Indonesia: an effort to realise justice based on Pancasila

The complexity of land problems is currently less able to be resolved by the general court so the handling of many land cases is incomplete. Otherwise, the land issues are not only related to private issues but are public and administrative. It is not surprising then that sometimes several court decisions can be attached to one land object, both from the ownership issued by the District Court and the Religious Court and from the administrative concerning the issuance of a certificate of title to the land by the State Administrative Court. This often provides a long time process and uncertain land ownership. This condition increasingly distances the parties from achieving a simple, fast, low-cost justice system and far from a settlement model based on the principles of Pancasila. This article will examine the urgency of establishing a land court to create a simple, fast, and low-cost land court, and a land dispute resolution model under the Pancasila values.

Designing a Multilateral Investment Court for Procedural Justice

Abstract Working Group III of the United Nations Commission on International Trade Law has embarked on a mandate to reform investor-State dispute settlement (ISDS), through identifying a set of concerns that merit multilateral procedural reform. In response, the EU has proposed creating a standing multilateral investment court. Despite the importance of procedural justice theory in domestic legal systems, its value as a resource in international dispute resolution is under-recognized. This article focuses on procedural justice through the literature on the social psychology of justice, as offering an empirically-based theoretical foundation that helps identify key elements and options in designing investment adjudication. Within ISDS reform, the authors focus on necessary innovations in independence and impartiality, transparency, participation, and correction of error, the key pillars of procedural justice research. The EU proposal suggests substituting a more traditional judicial model of dispute resolution for the current and problematic arbitral model, which aligns to a greater degree with the principles of procedural justice.

Alternative Dispute Resolution (ADR): A Suitable Broad Based Dispute Resolution Model in Nigeria; Challenges and Prospects.

Purpose: Due to the flaws in the traditional judicial system, the use of Alternative Dispute Resolution (ADR) methods is gaining popularity among scholars and lawyers around the world. Most scholarly articles have examined the inherent advantages of Alternative Dispute Resolution (ADR) techniques over the traditional judicial processes for resolving different types of conflict. Despite the increasing frequency and classification of conflicts in Nigeria, little research has been conducted on the reasons for, and barriers to, disputants' use of alternative dispute resolution (ADR) systems as viable options. Given the complexity of the nature and structure of disputes in Nigeria, this research delves into the factors that push and pull litigants into the use of Alternative Dispute Resolution (ADR).
 Methodology: This study utilized an explanatory research approach to investigate the many distinctive kinds of conflicts and match them with the most relevant ADR procedures. In particular, property disputes, family conflicts, and business disagreements were investigated. 
 Findings: According to the findings, Alternative Dispute resolution (ADR) may lead to a considerable reduction in the amount of time and expense of the dispensation of justice that addresses unfairness in the system of criminal justice administration, ultimately resulting in positive social change.
 Contributions to Theory, Policy and Practice: The study concludes that Alternative Dispute Resolution (ADR) processes have significant potentials for handling the growing number of disputes. However, it is necessary to address their shortcomings as well as facilitate collaboration between the practitioners and the regular courts. It would improve social stability and guarantee satisfaction for the perpetrator, the victim, the community, and society as a whole if this were done. The study recommended, among other things, that the general public and litigants be educated on the inherent advantages of Alternative Dispute Resolution (ADR) in the resolution of conflicts.