THE REVIEW ON AN INDONESIAN LITERATURE

Pilihan Penyelesaian Sengketa di Luar Pengadilan

Author: Rachmadi Usman, S.H., M.H.

Submitted to fulfill the assignment of Alternative Dispute Resolution which is given by:

Erik Sabti Rahmawati M.A, M.Ag

by:

Mohamad Zakky Ubaid E. (15210024)

ISLAMIC FAMILY LAW DEPARTMENT

SYARI’AH FACULTY

ISLAMIC STATE UNIVERSITY OF MAULANA MALIK IBRAHIM MALANG

2017/2018
A. LITERATURE INFORMATION

Title : Pilihan Penyelesaian Sengketa di Luar Pengadilan

Author : Rachmadi Usman, S.H., M.H.

Publisher : PT Citra Aditya Bakti

City of Publishing : Bandung

Year of Publishing : 2013 (second publishing)

Pages : 496

Price : IDR 40.000- IDR 50.000

B. INDEX

BAB I : GENERAL UNDERSTANDING OF DISPUTE RESOLUTION

A. Dispute and its Dynamical of Resolution

B. Terminology and Understanding of Alternative Dispute Resolution
C. The development and Potential of Alternative Dispute Resolution
D. Medias of Dispute Resolution
E. Institutionalization of Alternative Dispute Resolution

BAB II : NEGOTIATIONS

A. Understanding of Negotiation and Connection with Cultures

B. Negotiation Techniques
C. Implementation Process of Negotiation
D. Constraints Facing The Negotiators in Negotiations

BAB III : MEDIATION

A. Understanding of Mediation and Differences with Adjudication

B. The Role and Function of Mediator in Mediation
C. Typology of Mediators
D. Implementation Process of Mediation

BAB IV : CONCILIATION

A. Understanding and Development of The Conciliation

B. The Process and The End of Conciliation
BAB V : ARBITRATION

A. Understanding of Arbitration
B. Potentials and Weaknesses of Arbitration Compared to Litigation
C. The Development of The Law of Arbitration in Indonesia
D. The Agreement and The Arbitration Clause
E. The Object of Dispute in Arbitration and The Arbitrator's Authority
F. Types of Arbitration
G. The Terms and The Appointment of The Arbitrator
H. The Arbitration Procedure in Indonesia
I. Examination in The Arbitration
J. The Arbitration Resolution and Opinion Binding of Arbitration
K. The Implementation of The Resolution of The Arbitration
L. The Cancellation of The Arbitration

BAB VI : VILLAGE AND ETHNIC SETTLEMENT

A. The Development of The Legal Basis for The Settlement of The Village and
Ethnic
B. Functionalization of Indigenous Institution as Dispute Resolution in Ethnic or
Village

BAB VII : RESOLUTION OF DISPUTES THROUGH SETTLEMENT

A. Legal Basis for The Obligation of Dispute Resolution Through Settlement

B. Understanding, Profit, and The Nature of Dispute Resolution Through
Settlement
C. Formal Requirements The Verdict of Settlement
D. The Force of An Act of Settlement
E. Cancellation of Deed of Settlement

BAB VIII : INSTITUTIONAL MEDIATION IN INDONESIA

A. The Indonesian Mediation Center

B. The Indonesian Insurance Mediation Agency
C. Customer Compliance Settlement Banking
D. Banking Mediation

BAB IX : INSTITUTIONAL ARBITRATION IN INDONESIA

A. Indonesia Arbitration Center

 B. Indonesia Syariah Arbitration Center
C. Indonesia Capital Market Arbitration Center

BAB X : OMBUDSMAN

A. The Development of The Ombudsman

B. Understanding: What and How Ombudsman
C. The National Ombudsman Law in Indonesia: Then and Now
D. Institutional Ombudsman of The Republic of Indonesia
E. Submission of Report of Maladministration to The Ombudsman
F. The Inspection Report of Maladministration
G. The Settlement Report of Maladministration
H. Mediation and Conciliation Procedures in Ombudsman

BIBLIOGRAPHY

C. REVIEW

With the increasing deterioration in the image of the Court in upholding justice and
righteousness, then it pushes the world efforts to seek other dispute resolution options. Then, the
term Alternative Dispute Resolution came.
Alternative Dispute Resolution (ADR) is an alternative to the Formal Legal System. It is
an alternative to Litigation. In modern times, the existing judicial system finds it difficult to cope
with the ever-increasing burden of civil litigation. Not many in Indonesia can afford litigation due
to the usual delays in the process of justice and huge expenses. This makes people look down upon
the judicial process. Most people do not prefer taking recourse to and try to stay away from
anything that is remotely related to litigation.
One of the primary reasons parties may prefer ADR proceedings is that, unlike adversarial
litigation, ADR procedures are often collaborative and allow the parties to understand each other's
positions. ADR also allows the parties to come up with more creative solutions that a court may
not be legally allowed to impose.
This book discusses the various techniques of ADR as follows:
1. Negotiation

Negotiation is a bargaining relationship between parties who have a perceived or actual

conflict of interest. The participants voluntarily join in a temporary relationship designed to
educate each other about their needs, and interests, to exchange specific resources, or to resolve or
more intangible issues such as the form their relationship will take in the future or the procedure
by which problems are to be solved. Negotiation is a more intentional and structured dispute
resolution process than informal discussing and problem solving.

2. Mediation
It is a facilitated negotiation. It is a process by which a neutral third party, he mediator,
assists disputing parties in reaching a mutually satisfactory resolution.
3. Conciliation

Conciliation is the process where the third party assists the parties to resolve their dispute
by agreement. A conciliator may do this by expressing an opinion about the merits of the dispute
to help the parties to reach a settlement. Conciliation is a compromise settlement with the
assistance of a Conciliator.

4. Arbitration

Arbitration is an alternative way to resolve the dispute through court litigation. Arbitration
is a recognized private legal procedure used to resolve disputes between two or more parties.
Arbitration proceedings are administered and managed by a knowledgeable, independent, and
impartial third party. The parties to a dispute present their pleadings, evidence and arguments to
the Arbitrator who decides the case and resolves the dispute.

5. Settlement

A settlement is an agreement in which parties, by handing over, agreeing, or retaining a

matter, resolve a matter which is pending suit, or prevent a suit. This agreement shall be valid only
if it is concluded in writing.

In addition to those five things, this book also discusses about Ombudsman Institution.
Ombudsman is an independent public officer who is appointed to receive complaints from citizen
about abuses, unreasonable acts, or delay by government agencies. Ombudsman investigates and
reports the findings and recommends solution. The ombudsman may also initiative investigations
of his own. The weapon he uses have been characterized as persuasion, criticism, and publicity.
 He is not empowered to reserve administrative action. However, ombudsman’s recommendations
carry considerable weight and, in some instances, have led to changes in state or municipal law.

D. PLUS AND MINUS

The Plus are, this book is very complete, even the book also discusses the ADR in several

countries besides Indonesia. This book can also be used as a very useful reference book, because

in addition to language and detailed explanation, the book also quotes from a variety of foreign

language literature sources, making this book rich-knowledge that may not possessed by any other

book.

The Minus are, the book is less suitable for readers who want to learn with a simple

reference, and a very easy-to-understand Language. So this book is less practical for book readings,

because the discussions is too broad.