Development of Non-Litigation Civil Dispute Settlement Model Based on Madurese Local Wisdom to Reduce Cases Accumulation in Court
DOI:
https://doi.org/10.21776/ub.blj.2019.006.01.09Keywords:
alternative dispute resolution, arbitration, enforcement of a judgement.Abstract
Madurese community prefer to settle civil disputes outside the court by generating peace between the parties in the form of undertable bond, while the mediation results outside the court, the legality is weak. In this regard, this study would like to produce model of non-litigation civil dispute settlement that guarantees binding force of settlement so have binding strength as well as dispute settlement through mediators in court. This research is normative-qualitative research, so the method is combination of legal research methods and sociological research methods. The study results indicate that the mechanism to settle civil disputes in Madura is carried out peacefully through consensus meetings with the mediators help. The mediation has the binding power of customary law because it is based on the voluntary willingness of the parties, carried out through deliberation. This is in line with the local wisdom values such as the value of maintaining "shame" and the value of respect for parents, ulama (Keyae), and leader. Institutionalization of civil disputes settlement in Madurese community through conducted certification to mediator’s village, legitimized by regional regulation, and accommodates the law in society because the law applies in accordance with the sense of justice of the community
References
Books
Abdurrasyid, Priyatna, Arbitrase dan Alternatif Penyelesaian Sengketa (Fikahati aneska, 2nd Ed, 2011).
American Arbitration Association, Handbook on Arbitration Practice, (JurisNet, LLC, 2010)
American Arbitration Association, HandBook on International Arbitration and ADR (JurisNett,LLC, 2nd edition, 2010)
A. Taylor, Toward a Comprehensive Theory of Mediation, (A Mediator’s Handbook, 1993)
Black, Henry Campbell, Black’s Law Dictionary, (The law Exchange, Ltd, 1991).
Boulle, Laurance, Mediation Principles Process Practice, (Sydney Butterworths, 1996).
Chen, Understanding Chinese Negotiation, (Australian Dispute Journal, 1993)
J Fulton, MaxwellCommercial Alternative Dispute Resolution, (The Law Book Company Limited, Sydney, 1989)
J. Murray, A Rau and E Sherman, Process of Dispute Resolution ; The Role of Lawyers, (Foundation Press, 1989)
Loh Sze On Sc, Quentin and Lee Peng Khoon, Edwin, Confidentiality in Arbitration : How far Does it extand, (Academy Publishing, 2007)
Maddux, Robert, Successful Negotiation, (London sweet and maxwell, 1988).
PMB. Rowland, Arbitration Law and Practice, (Butterworths, 2nd ed, 1990)
Cole, Sarah Rudolph managerial Litigation? The Overlooked Problem of Party Autonomy in Dispute Resolutio, (Hastings L.J, 2000)
Sammartano, Rubino, International Arbitration Law, (Kluwer Law and Taxation Publishers, 1990)
Sherman, Rau and Murray, Processes of Dispute Resolution, (Foundation Press, 1989)
Journals Articles
Shavel, Steven, ‘Alternative Dispute Resolution : An Economic Analysis’, (1995) 24 (1, January) The Journal of Legal Studies
Legislations
The 1958 New York Convention Regarding the Recognition and Implementation of International Arbitration
Supreme Court Regulation No. 1 of 1990 concerning Procedures for the Implementation of Foreign Arbirase Decisions
Presidential Decree 34 of 1981
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Copyright (c) 2019 Uswatun Hasanah, Mohammad Amir Hamzah, Indien Winarwati
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