The Norm Dispute Resolution Through Mediation
- 10.2991/assehr.k.200515.093How to use a DOI?
- norm dispute resolution, mediation, ministry of law and human rights
Indonesia has identified itself as the state of law (rechtsstaat). The principle of the rule of law undoubtedly underlies the life of the state and nation by embodying hierarchical legal norms culminating in constitution. However the inconsistency between the laws and regulations is inevitable in constitutional practice thus the Supreme Court and Constitutional Court are ruled to examine legal products from the legislative and executive institutions under the mandate of the Act of 1945. Nevertheless in the progress, Ministry of Law and Human Rights issued a policy that norm disputes under the Laws can be resolved through mediation by the Ministry. Therefore, this study aims to analyze the legality and fulfillment of the value of justice in the practice of norm dispute resolution through mediation. This study uses normative research method and is based on the theory of hierarchical relation of legal norms and the theory of concept of law. The result of the study is in spite of the effectiveness, mediation as an alternative resolution of norm disputes contradicts with the higher legislations that the regulation needs to be readjusted.
- © 2020, 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/).
Cite this article
TY - CONF AU - Tundjung Herning Sitabuana AU - Ahmad Redi AU - Shella Felicia PY - 2020 DA - 2020/05/20 TI - The Norm Dispute Resolution Through Mediation BT - Proceedings of the Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019) PB - Atlantis Press SP - 553 EP - 557 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200515.093 DO - 10.2991/assehr.k.200515.093 ID - Sitabuana2020 ER -