mediation

Harmoko, Azis Setyagama. Out-of-court land dispute resolution forum by the National Land Agency in Indonesia

This study aims to determine how the process of resolving land disputes outside the court by the National Land Agency. The method used in this study is a normative juridical approach. The paper discusses the process of resolving disputes outside the court through mediation carried out by the National Land Agency as a mediator. It begins with an agreement between both parties to resolve the land dispute through mediation. Then both parties submit this agreement to the National Land Agency Office. The next stage is the implementation of mediation, starting from discussion to providing final decision. After successful mediation and reaching an agreement, a peace deed is made to be registered with the District Court. Fundamentally, a mediator acts as an intermediary who helps the parties to resolve the dispute they face. A mediator will also help the parties to provide an understanding of the existing problem to be fixed together. In addition, to reach an agreement, a mediator must also help the parties to formulate various dispute resolution options. Of course, these options must be acceptable and satisfactory to both disputing parties. At least the main role that a mediator must play is to bring together differing interests, in order to reach a meeting point that can be used as a benchmark for solving the problem.

Ramli L. The settlement of the industrial relation dispute in Indonesia

The parts of industrial relation are workers and employers. The relation between them is based on freedom of contract principle. The parties have difference purpose that easier evoke dispute. There are two kind of industrial relation dispute settlement, non-litigation and litigation settlement. The mediator has function to resolve the industrial or labour dispute according to Law No 2 of 2004. Mediation is an alternative dispute resolution to resolve industrial conflict. Mediation by civil servant from Man Power Department make the simply ways and cut the high cost. But, if the conflict cannot be solved by mediation or if the parties disagree about the suggestion they can continue go to industrial trial. The main issue is what the ideal model in industrial relation dispute solution. The method in this article is socio legal research. Start from the regulation, implementation, collect the problem from the process, sorting the problem and then will make the model for solution of industrial relation dispute.