Kajian Yuridis Penyelesaian Sengketa Melalui Mediasi Elektronik Di Era New Normal

Dwi, Handayani and Andi, Risma and Dian, Septiandi (2023) Kajian Yuridis Penyelesaian Sengketa Melalui Mediasi Elektronik Di Era New Normal. Kajian Yuridis Penyelesaian Sengketa Melalui Mediasi Elektronik Di Era New Normal Dwi Handayani, 19 (2). pp. 110-121. ISSN 0216-6534

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Abstract

After the Covid-19 pandemic (New Normal Era) after the pandemic hit for two years almost all over the world, including Indonesia, there are still various social and legal problems that have not been resolved. Legal phenomena related to private interests as a result of Covid-19 arise in society because of conflicts of interest between parties so that disputes occur whose resolution requires another party (3rd party). At first, solutions can still be found by means of peace and deliberation, but in practice it is certainly not as easy as imagined because each party survives on the right side. The solution offered is by measiboth within the scope of the court (litigasi) and outside the court (non litigation). Along with the development of information technology in the digital era, the Indonesian government through the Supreme Court issued PERMA Number 3/2022 concerning Electronic Mediation in Court to resolve disputes quickly, fairly and evenly (win-win solution). The method in this research uses a legislative and conceptual approach to examine and analyze the regulation of the judicial field in the digital era related to mediation. The results of the analysis show that electronic (online) mediation regulated in PERMA Number 3/2022 was born legal because the manufacturing process is in accordance with the law and appropriate because it has adjusted to the current era of technology and information. Mediation is one of the appropriate, fast, effective and cost-effective ways to resolve disputes peacefully without interacting directly between the parties to the dispute. With PERMA, simple, fast and cost-effective judicial legal principles can be achieved and this rule will be needed in the future if the country faces another pandemic again. Keywords: electronic; mediation; new normal

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: FAKULTAS HUKUM > ILMU HUKUM
Depositing User: operator 2
Date Deposited: 21 Dec 2023 07:43
Last Modified: 21 Dec 2023 07:43
URI: http://repository.umi.ac.id/id/eprint/5279

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