MODEL PENYELESAIAN SENGKETA LINGKUNGAN MELALUI LEMBAGA ALTERNATIF

https://doi.org/10.22146/jmh.16308

Mr. Absori(1*), Khuzaefah Dimyati(2), Kelik Wardiono(3)

(1) 
(2) 
(3) 
(*) Corresponding Author

Abstract


Resolving environmental dispute through court litigation often ends up with failure. As a consequence, society in ccoperation with Non-Governmental Organization (NGO) and environmental organization prefer to use Alternative Dispute resolution (ADR) to reslove environmental dispute. In this regard, mediation is often chosen by the parties as it promotes a “win-win solution”. Moreover, mediation offers efficient, cheap and fast dispute resolution process. However, Indonesian law has not adequately accomodated the use of ADR in environmental dispute. As a consequence, the problem of legal certainty often come up. In order to overcome this situation, it is important to develop a mediation process that ensures the legal certainty for both of the disputants. This can be done by developing a mediation forum which is legalized by court.


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DOI: https://doi.org/10.22146/jmh.16308

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Copyright (c) 2008 Mr. Absori, Khuzaefah Dimyati, Kelik Wardiono

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