Mediation Ecosystem in Indonesia

Autores

  • Alexandra Gerungan University of Indonesia
  • Claudio Shallaby Adre ADCO Law
  • Fahmi Shahab Indonesian Mediation Center
  • Raymond Lee Indonesian Mediation Centre

DOI:

https://doi.org/10.52028/rbadr.v5i9.ART04

Resumo

Mediation is a method of dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution. In Indonesia, mediation is divided into court annexed mediation and out of court mediation. Court annexed mediation is regulated in SCR 1/2016. Meanwhile, the legal basis for out of court mediation is scattered across industrial sectors. The trend in Indonesia, of both court-annexed mediation and out of court mediation, has been increasing over years. Based on the available data, it can be concluded that out of court mediation has a higher success rate than court-annexed mediation. The SCM is an international convention or agreement regarding the recognition of settlement agreements resulting from mediation. Right now, Indonesia has not signed and ratified the SCM. To sign and ratify the SCM, Indonesia must prepare the regulatory basis to implement the SCM, namely by amending or updating the current legislation, Law 30/199 and SCR 1/2016, to cover the legal basis for implementing SCM.

Biografias Autor

Alexandra Gerungan, University of Indonesia

With over two decades of experience in dealing with litigation and alternative dispute resolution, Alexandra Gurungan (Alex) has represented high-profile clients in a wide range of litigation and dispute resolution matters. Her expertise includes civil lawsuits, arbitration, employment, debt recovery and restructuring, insurance claims, police and anti-corruption investigations, compliance and internal investigations, as well as general corporate or commercial issues. Alex has been recognised as a top litigator by numerous local and international legal publications. She received her bachelor’s degree from the University of Indonesia and her master’s degree in European and International Business Law from Leiden University. She is a member of Chartered Institute of Arbitrators and certified mediator by the Indonesian Mediation Center.

Claudio Shallaby Adre, ADCO Law

Legal counsel who is currently working as an associate at ADCO Law. He graduated from Faculty of Law Universitas Pembangunan Nasional Veteran Jakarta. He is experienced in corporate commercial practice as well as litigation. Joining the litigation and alternative dispute resolution practice group has given him exposure to various corporate litigation matters across various industry sectors.

Fahmi Shahab, Indonesian Mediation Center

Executive Director of the Indonesian Mediation Center (PMN) and his expertise includes debt restructuring, shareholder and other business-related disputes. Fahmi is empanelled as a mediator with various organisations including PMN, LAPS SJK, and RSPO (Palm Oil). He also serves as Secretary General of Asia Pacific Centre for Arbitration & Mediation and an Ambassador of Singapore International Mediation Centre. Previously, Fahmi served in various roles domestically and internationally including Chairman of Asian Mediation Association, Senior Short-Term Expert in EU-Indonesia Trade Cooperation Facility, Technical Assistant on Alternative Disputes Resolution to Indonesia Investment Coordinating Board and Visiting Fellow at Gakushuin University.

Raymond Lee, Indonesian Mediation Centre

Mediator and mediation instructor to the Indonesian Mediation Centre (PMN) supporting PMN’s training department, including running courses for external partners like the Indonesian Supreme Court, Bank Indonesia, the Ministry for Protection of Women and Children, the public, as well as mediating cases. He is presently a consultant for the RSPO’s Dispute Settlement Facility. Raymond is also retained by the World Bank Group and the United Nations Global Mediator Panel as a mediator providing work-place dispute resolution through mediation, facilitation, and training. He is a Pusat Mediasi Nasional Accredited Mediator, a Court Accredited Mediator in Indonesia, as well as a CEDR Accredited Mediator. Outside of work, Raymond is known for his offbeat humor, and also writes for Indonesian film and television.

Referências

BASTOMI, Ahmad; Ilham, Lalu W. Alternative dispute resolution in a high context culture and collectivist society: possibilities to apply conflict coaching approach in Indonesia. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 3, p. 41-50, 2020.

COMETTI, Anna K. F; MOSCHEN, Valesca R. B. The Singapore Convention in the framework of theInvestor-State Dispute Settlement System. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 4, n. 7, p. 37-57, 2022.

GARNER, Bryan A (Ed.). Black’s Law Dictionary. 9th. St Paul: West, 2009.

DECREE of the Chief Justice of the Supreme Court Number 117/KMA/SK/VI/2018 on Procedure for Granting and Extension of Accrediation of Mediator Certifcate Provider Institusions for Non-Judge Mediators.

DIRECTORATE General of Development of Industrial Relations and Employement Social Security of Ministry of Manpower. Data Perselisihan yang Diitangani dan Diselesaikan oleh Mediator Tahun 2022. Retrieved from: https://satudata.kemnaker.go.id/data/kumpulan-data/952. Accessed on: 16 March 2023.

DIRECTORATE General of Intellectual Property of Ministry of Law and Human Rights. Retrieved from: www.dgip.go.id/menu-utama/penyidikan-ki/sengketa?kategori=Penyelesaian. Accessed on: 16 March 2023.

FINANCIAL Services Authority Regulation Number 61/POJK.07/2020 on Alternative Dispute Resolution Institutions.

LAW of the Republic of Indonesia Number 2 of 2004 on Settlement of Industrial Relation Disputes.

LAW of the Republic of Indonesia Number 36 of 2009 on Health.

MASON, Paul E. A Convenção de Cingapura e seus benefícios para o Brasil. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 4, p. 181-193, 2021.

MINISTER of Agrarian Affaris and Spatial Planning/Head of the National Land Agency Regulation Number 21 of 2020 on Handling and Settlemend of Land Cases.

MINISTER of Trade Regulation Number 17/M-DAG/PER/4/2007 on Duties and Authoirites of the Consumer Dispute Settlement Agency and Procedures for Settlement of Consumer Disputes.

NUGROHO, Adi Susanti. Manfaat Mediasi Sebagai Alternatif Penyelesaian Sengketa, Jakarta: Kencana, 2019.

SINGAPORE Convention on Mediation.

SUPREME Court Regulation Number 1 of 2016 on Mediation.

SUPREME Court Regulation Number 3 of 2022 on Electronic Mediatons in Courts.

SUPREME Court of the Republic of Indonesia. Laporan Tahunan 2020. Accessed on: 16 March 2023. https://kepaniteraan.mahkamahagung.go.id/publikasi/laporan-tahunan.

SUPREME COURT OF THE REPUBLIC OF INDONESIA. Laporan Tahunan 2020. Retrieved from: https://kepaniteraan.mahkamahagung.go.id/publikasi/laporan-tahunan. Accessed on: 16 March 2023.

SUPREME Court of the Republic of Indonesia. Laporan Tahunan 2021. Retrieved from: https://kepaniteraan.mahkamahagung.go.id/publikasi/laporan-tahunan. Accessed on: 16 Mar. 2023.

SUPREME Court of the Republic of Indonesia. Laporan Tahunan 2022. Retrieved from: https://kepaniteraan.mahkamahagung.go.id/publikasi/laporan-tahunan. Accessed on: 16 Mar. 2023.

DIRECTORATE General of Development of Industrial Relations and Employement Social Security of Ministry of Manpower, Data Perselisihan yang Diitangani dan Diselesaikan oleh Mediator Tahun 2022. Retrieved from: https://satudata.kemnaker.go.id/data/kumpulan-data/952. Accessed on: 16 March 2023.

DIRECTORATE General of Intellectual Property of Ministry of Law and Human Rights, accessed on 16 March 2023. Retrieved from: www.dgip.go.id/menu-utama/penyidikan-ki/sengketa?kategori=Penyelesaian.

Downloads

Publicado

2023-12-28

Edição

Vol. 5 N.º 9 (2023): Jan./Jun.

Secção

Artigos

Licença

No royalties or other compensation shall be due for the publication of the works. 

The opinions expressed by the authors of the articles and reviews are their sole responsibility.