Dispute Resolution through Mediation in Endowments Cases in the Legal Effectiveness Theoretical Perspective

Authors

  • Islamiyati1 , Rofah Setyowati1 , Dewi Hendrawati1 , Aisyah Ayu Musyafah1 , Ahmad Rofiq2

DOI:

https://doi.org/10.37506/mlu.v21i1.2338

Keywords:

Charity, Mediation, Dispute Revolution.

Abstract

The development of endowment land in Indonesia is very rapid which is directly proportional to the
problems that occur regarding endowment. The resolution of this endowment dispute is based on the charity
law, carried out by deliberation and mediation. In some cases, the mediation conducted was not following
the existing mediation rules so that eventually the resolution of the endowment dispute became ineffective.
It is important to study the problem of the resolution of endowment disputes through mediation from the
perspective of the theory of legal effectiveness. This study aims to understand and analyze the problematic
of endowment dispute resolution through mediation from the perspective of the theory of legal effectiveness
in Central Java. The research method used is socio-legal research, with an empirical juridical approach and
includes qualitative research. The results of this study are the settlement of endowment disputes through
mediation outside the court according to the theory of legal effectiveness, not yet effective, because there are
no formal legal rules. It is necessary to make regulations for the implementation of non-litigation mediation,
to provide practical guidance for the implementation of mediation in the community

Author Biography

Islamiyati1 , Rofah Setyowati1 , Dewi Hendrawati1 , Aisyah Ayu Musyafah1 , Ahmad Rofiq2

1
Lecturer at Diponegoro University, Semarang, Indonesia,
2
Professor at Universitas Islam Negeri Walisongo, Semarang, Indonesia

Published

2021-01-09

How to Cite

Islamiyati1 , Rofah Setyowati1 , Dewi Hendrawati1 , Aisyah Ayu Musyafah1 , Ahmad Rofiq2. (2021). Dispute Resolution through Mediation in Endowments Cases in the Legal Effectiveness Theoretical Perspective. Medico Legal Update, 21(1), 376-380. https://doi.org/10.37506/mlu.v21i1.2338

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