Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)

Bale Mediation as a Mediation Implementation Institution Based on Local Wisdom in Dispute Resolution in West Nusa Tenggara

Authors
Lelisari Lelisari
Faculty of Law, Universitas Muhammadiyah Mataram, West Nusa Tenggara, Indonesia
Corresponding author. Email: slelisari@gmail.com
Corresponding Author
Lelisari Lelisari
Available Online 23 November 2021.
DOI
10.2991/assehr.k.211112.065How to use a DOI?
Keywords
Bale Mediation; local wisdom; dispute resolution
Abstract

The existence of challenges and obstacles regarding the implementation of Indonesia’s positive legal system resulted in legal dysfunction. For this reason, it is necessary to prepare policies by the government in order to regulate the behavior of its citizens. Policy-making strategies are carried out by accommodating the values of local wisdom, which includes citizen mechanisms in the resolution of disputes (conflicts). These values are adopted into positive law in the form of local regulations, for example, where the existence of Bale Mediation of West Nusa Tenggara has been established in accordance with Provincial Regulation No. 9 of 2018, which has a legal basis and is the first nationally. Bale Mediation is an institution that carries out the functions of mediation, coaching, and coordination in the implementation of mediation in the community in accordance with local wisdom. One of the important points of the establishment of Bale Mediation is the recognition of non-certified mediators, reviving the role of community leaders/indigenous leaders through customary institutions in each village and village to take part in helping to resolve disputes that occur in the community, namely by reimposing the function of indigenous institutions “krama desa.” The cases that can be resolved at Bale Mediation are civil and criminal cases.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 November 2021
ISBN
10.2991/assehr.k.211112.065
ISSN
2352-5398
DOI
10.2991/assehr.k.211112.065How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Lelisari Lelisari
PY  - 2021
DA  - 2021/11/23
TI  - Bale Mediation as a Mediation Implementation Institution Based on Local Wisdom in Dispute Resolution in West Nusa Tenggara
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 498
EP  - 505
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.065
DO  - 10.2991/assehr.k.211112.065
ID  - Lelisari2021
ER  -