The Norm Dispute Resolution Through Mediation

DOI

10.2991/assehr.k.200515.093How to use a DOI?

Keywords

norm dispute resolution, mediation, ministry of law and human rights

Abstract

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.

Copyright

© 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/).

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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  -