The Norm Dispute Resolution Through Mediation

Sitabuana, Tundjung Herning and Redi, Ahmad and Felicia, Shella The Norm Dispute Resolution Through Mediation. The Norm Dispute Resolution Through Mediation.

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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.

Item Type:	Article
Subjects:	Penelitian > Fakultas Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Puskom untar untar
Date Deposited:	16 Dec 2020 18:33
Last Modified:	16 Dec 2020 18:33
URI:	https://repository.untar.ac.id/id/eprint/13511

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