THE ESSENCE OF JUSTICE FOR THE LIVING LAW IN THE ALTERNATIVE DISPUTE RESOLUTION OF INDONESIA LEGAL SYSTEM.
- Senior Lecturer at Faculty of Law, Halu Oleo University, Southeast Sulawesi, Indonesia.
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Abstract
The Alternative Dispute Resolution (ADR) In Indonesia Legal System, is a model of dispute resolution which based on living law in Indonesia society. This model is often used other than the settlement of dispute through the court by Indonesia people. Whereas, the settlement of dispute through the court can guarantee legal certainty, because as guided by the statutory law. Based on that statement, this research describes essence of justice for the living law In the ADR In Indonesia Legal System. This research uses the type of normative legal research. It based on conceptual and regulation approach. This research is analysed with qualitative descriptive in using. The result of research shows that essence of justice which based on the living law in ADR, in principle, it focuses on the substantive justice for the sake of harmonization and peacefulness which based on cohesive living value in existence. It still appreciates the procedure of applicable in the Indonesia Society, such as colloquy based on kinship. So that, it yields for society?s legitimated justice.
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Deity Yuningsih. (2017); THE ESSENCE OF JUSTICE FOR THE LIVING LAW IN THE ALTERNATIVE DISPUTE RESOLUTION OF INDONESIA LEGAL SYSTEM., International Journal of Advanced Research (IJAR), 5 (03), 1927-1930, ISSN 2320-5407. DOI: https://doi.org/10.21474/IJAR01/3712
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References
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