scholarly journals KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999

2014 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
M Ali Mansyur ◽  
Hutrin Kamil
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Online Dispute Resolution ◽  
Resolution Process ◽  
Positive Law ◽  
Dispute Resolution Process ◽  
Mutual Agreement ◽  
Online Arbitration

Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.

scholarly journals PENGATURAN PENYELESAIAN SENGKETA DALAM SISTEM PEER TO PEER LENDING

2020 ◽  
Vol 9 (1) ◽  
pp. 52
Author(s):  
Luh Sarini ◽  
Putu Devi Yustisia Utami
Keyword(s):  
Dispute Resolution ◽  
Peer To Peer ◽  
Legal Issues ◽  
Online Dispute Resolution ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Peer Lending ◽  
Relationship Of ◽  
The Relationship

Penelitian ini mempunyai tujuan untuk memahami hubungan setiap pihak pada sistem Peer to Peer Lending secara hukum serta menganalisis pengaturan penyelesaian sengketa pada sistem Peer to Peer Lending. Metode pada penelitian ini yaitu penelitian yuridis normatif dengan mempergunakan pendekatan perundang-undangan dalam menganalisis isu hukum yang sumber hukumnya berasal dari bahan hukum primer, sekunder, serta tersier. Hasil pada penulisan ini menunjukkan bahwa belum  terdapat pengaturan secara khusus terkait penyelesaian sengketa dalam sistem Peer to Peer Lending. Sengketa pada sistem tersebut membutuhkan proses penyelesaian sengketa yang cepat, mudah, serta  terjangkau sehingga perlu dibentuk  Lembaga Alternatif Penyelesaian Sengketa online yang khususnya  menangani sengketa bisnis dengan sistem Peer to Peer Lending. This study aims to understand the relationship of each party in the Peer to Peer Lending system legally and to analyze dispute resolution arrangements in the Peer to Peer Lending system. The method in this research is normative juridical research using a statutory approach in analyzing legal issues whose sources of law come from primary, secondary and tertiary legal materials. The results of this paper indicate that there is no specific arrangement regarding dispute resolution in the Peer to Peer Lending system. Disputes in this system require a dispute resolution process that is fast, easy, and affordable, so it is necessary to establish an alternative online Dispute Resolution Institute which specifically handles business disputes with the Peer to Peer Lending system.

Part I Commentary on the ICDR International Rules, 5 Article 5—Mediation

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Effective Alternative ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
International Mediation ◽  
Article 5

This chapter explores Article 5 on mediation of the 2014 ICDR Rules. Mediation is a very effective alternative dispute-resolution process, in which the mediator assists the parties to settle their disputes by a process of discussion and narrowing differences. The mediator does not have the power to render binding decisions, rather the parties aim to reach agreement amongst themselves with the mediator’s assistance. Under Article 5, the ICDR may invite the parties to mediate or the parties may agree to mediate in accordance with the ICDR’s International Mediation Rules at any time while the arbitration proceedings are pending. The mediation shall in principle proceed in parallel with arbitration to avoid any delay. Ultimately, the 2014 ICDR Rules reflect a desire to encourage the parties to consider the benefits of mediation, particularly early in the dispute resolution process, without forcing them to mediate.

scholarly journals An Empirical Study on Dispute Resolution Methods (DRM) from the Perspective of Employee and Employer: Special Emphasis on Alternative Dispute Resolution (ADR)

2014 ◽  
Vol 8 (1-2) ◽  
pp. 1-16
Author(s):  
Syed Robayet Ferdous
Keyword(s):  
Empirical Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Resolution System ◽  
The Individual ◽  
A Company ◽  
Dispute Resolution System ◽  
Changing Society

In recent times, most of the parties involved in dispute resolution process are favoring Alternative Dispute Resolution or ADR over the formal adjudication process due to ADR’s distinguished benefits. In order to reduce the backlog and pressure of workload, courts randomly select alternative ways to settle dispute. Therefore, a question can be raised how well ADR is working in reality? If a dispute is in existence between a company and an individual, the individual might not get a proper redress against an esteemed company. Moreover, there is a possibility of bias in favor of those who is in the superior positions. Though it was a courageous effort from the legislature and the judiciary to make the dispute resolution system compatible with the changing society, a question remains: how much upshot is there in the legal field? To what extent does the ADR process elude or ensure justice? DOI: http://dx.doi.org/10.3329/jbt.v8i1-2.18283 Journal of Business and Technology (Dhaka) Vol.8(1-2) 2013; 1-16

scholarly journals The Secret Silent Spaces of Workplace Violence: Focus on Bullying (and Harassment)

Laws ◽  
2018 ◽  
Vol 7 (4) ◽  
pp. 35 ◽  
Author(s):  
Allison Ballard ◽  
Patricia Easteal
Keyword(s):  
Sexual Harassment ◽  
Dispute Resolution ◽  
Workplace Violence ◽  
Alternative Dispute Resolution ◽  
Workplace Bullying ◽  
Significant Problem ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Workplace Abuse ◽  
Bullying And Harassment

Any form of workplace abuse, be it bullying, sexual or non-sexual harassment, or other forms of workplace violence, represents a significant problem for both workers and organisations. The reality that worker complaints of such abuse are often silenced, frequently for long periods of time, has recently been spotlighted by the #MeToo movement. In this article we focus particularly on workplace bullying (some definitions include harassment). We explore how potential, and actual, complaints of such abuse may silenced—both before complaints are ever made, and also at different points along the complaint or dispute resolution process. We investigate how definitional and naming issues, worker ignorance and incapacity, workplace investigations, (alternative) dispute resolution and the legal pathways available to targets of workplace bullying and harassment may act to silence complaints. We also provide some practical suggestions for the targets of workplace abuse.

Palestinian Ṣulḥa and the Rule of Law

2013 ◽  
Vol 27 (2) ◽  
pp. 151-170
Author(s):  
Brian A. Kritz
Keyword(s):  
Dispute Resolution ◽  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
The Rule Of Law ◽  
Legal Assessment ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
International Rule

Abstract Palestine’s alternative dispute resolution process, the ṣulḥa system, is utilized in the vast majority of civil and criminal disputes. Despite the popularity of the ṣulḥa process, there exists, to date, no international legal assessment of such proceedings. This article assesses Palestinian ṣulḥa’s adherence to international rule of law standards. Using rule of law theory to assess the fairness, equity, and accessibility of the ṣulḥa system, this article determines that Palestinian ṣulḥa proceedings satisfy the major requirements of international rule of law standards.

A corpus-based insight into genre: The case of WIPO domain name arbitration decisions

2011 ◽  
Vol 5 (4) ◽  
pp. 375-392
Author(s):  
Laura Martínez Escudero
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Analytical Framework ◽  
Domain Name ◽  
Professional Discourse ◽  
Space Model ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Corpus Data ◽  
Insight Into

To prevent domains from cyber-piracy, the WIPO offers private and confidential procedures tasked to address the legitimate use of a domain name. WIPO domain name arbitration consists of an alternative dispute resolution process in which one or more panelists make a binding decision over the legitimacy of a domain. This article investigates the structure of the discourse of this professional genre. Following Maley (1987), this study focuses, first, on spotting the generic moves of WIPO domain name arbitration decisions. Second, the analysis unveils patterns shaping WIPO domain name arbitration decisions, hence exploring how discursive features work within this specialized discourse. Third, it examines whether corpus data reveal that this type of professional discourse has entered into a process of standardization. The study is based on Bhatia’s multi-perspective four-space model of discourse (2004). This analytical framework emphasizes a multidisciplinary and multidimensional perspective which highlights that discourse is indistinguishable from constructing reality.

Sign in / Sign up

Export Citation Format

Share Document