Legal Harmonization of Civil Dispute Settlement Use for Legal Unification

DOI

10.2991/aer.k.210825.079How to use a DOI?

Keywords

Legal harmonization, civil disputes, legal unification

Abstract

The current civil dispute resolution law is still pluralistic and spread in various laws and regulations, however, it is still maintained as a guide in examining, hearing and deciding civil cases in Indonesian courts. Legal pluralism can cause conflict of norms and create legal uncertainty in the resolution of civil cases. Therefore, can the legal arrangements for resolving civil disputes in Indonesia be harmonized in the context of legal unification? What is the juridical, philosophical and sociological rationale for the need to harmonize civil dispute resolution laws? This research is a normative legal research with a statutory approach, a historical approach, a conceptual approach, and a comparative approach. Research result shows that the law of civil dispute resolution can be harmonized to realize legal unification since various kinds of regulations can cause multiple interpretations, is strenuous to realize justice and legal certainty and cause disharmony of regulations. The existing civil procedural law provisions were a product of the Dutch East Indies government and could no longer accommodate the development of society, developments in science, technology and information. Juridically, the current content of legal norms or rules for resolving civil disputes is no longer accommodating the development of society hence it needs to be evaluated. Philosophically, the new concepts and legal principles for civil dispute resolution must be able to respond to the development of society. Sociologically that the presence of new laws and regulations is not challenged by the community. Therefore, harmonization of civil dispute resolution law is needed in the framework of unification of civil procedural law.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - HM Hosen
AU  - Rosmidah
PY  - 2021
DA  - 2021/08/26
TI  - Legal Harmonization of Civil Dispute Settlement Use for Legal Unification
BT  - Proceedings of the 3rd Green Development International Conference (GDIC 2020)
PB  - Atlantis Press
SP  - 466
EP  - 473
SN  - 2352-5401
UR  - https://doi.org/10.2991/aer.k.210825.079
DO  - 10.2991/aer.k.210825.079
ID  - Hosen2021
ER  -