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All Journal Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Khuzaefah Dimyati
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Law, Crime, Criminology & Criminal Justice

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MODEL PENYELESAIAN SENGKETA LINGKUNGAN MELALUI LEMBAGA ALTERNATIF Mr. Absori; Khuzaefah Dimyati; Kelik Wardiono
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (102.716 KB) | DOI: 10.22146/jmh.16308

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.
Co-Authors Absori Absori Kelik Wardiono