THE EXISTENCE OF CIVIL CASE SETTLEMENT (DADING) OUTSIDE THE COURT

article cite 0 Year 2025
source: Zenodo (CERN European Organization for Nuclear Research)
Abstract

Abstract This research is motivated by the condition that the legal force of a Peace Deed is indeed very doubtful, however, in principle, a Peace Deed issued by an institutional body has the same force as other decisions. This study aims to discuss the effectiveness of resolving civil disputes through peace outside the court, factors that influence the settlement of civil cases outside the court, and what is the ideal model of peace (dading) as an alternative to resolving civil disputes outside the court. This research is a field research type, with a qualitative form that is exploratory-descriptive in nature, using the Statute Approach, Conceptual Approach, Case Approach and Sociological Approach. The results of this study indicate that out-of-court peace is an effective alternative to realizing a case resolution system that is easy, fast, and affordable, and low cost. Factors that influence and hinder out-of-court peace consist of, first, legal factors. Second, facility factors, and third, community factors. The concept of reconstruction of Out-of-Court Peace can be applied by establishing a legal framework for the separation and strengthening of Mediation Centers in each Village and Sub-district, strengthening mediators, and strengthening community empowerment regarding the socialization of understanding of civil cases outside the court.


Concepts :
Legal and Social Justice Studies
Indonesian Legal and Regulatory Studies
Marriage and Family Dynamics
article cite 0 Year 2025 source Zenodo (CERN European Organization for Nuclear Research)
SDGs
Peace, Justice and strong institutions
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