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description Journal article public Jurnal Mimbar Hukum

Model Penyelesaian Sengketa Lingkungan melalui Lembaga Alternatif

Kelik Wardiono, Khuzaefah Dimyati, Mr Absori
Published 2008

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 €œwin-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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