Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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The Implementation of Dispute Resolution Containing Local Wisdom as a Peace Solution

Authors
Ajeng Aditya Listyani1, *, Tri Lisiani Prihatinah1
1Universitas Jenderal Soedirman, Purwokerto, Indonesia
*Corresponding author. Email: aditya.listyani@mhs.unsoed.ac.id
Corresponding Author
Ajeng Aditya Listyani
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_36How to use a DOI?
Keywords
Local Values; Alternative Dispute Resolution; Local Wisdom
Abstract

Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution accommodates the implementation of arbitration and alternative dispute resolution in Indonesia. However, its existence is less effective in resolving civil disputes in certain communities because it does not accommodate the values of the community. On the other hand, Indonesian society can create its mechanism for dispute resolution by applying local values in the dispute resolution mechanism. This study aimed to analyze the concept of local values in alternative dispute resolution and the implementation of local values in alternative dispute resolution in the communities of Tlagayasa Village, Bobotsari Subdistrict, Purbalingga Regency, and Tetel Village, Pengadegan Subdistrict, Purbalingga Regency. This study used the empirical juridical method with structural, cultural, and pluralism approaches. The data used in this research were primary data and secondary data. The data were collected through interviews and a review of the literature. The results showed that customary elders implemented local values in alternative dispute resolution mechanisms called cablaka, rembugan, ganden, sidem, and reputation. Indigenous elders in Indonesia are frequently referred to as community leaders, someone who is recognized for their position or authority to the point that their leadership can transcend current laws and regulations. Using local values in alternative dispute resolution is beneficial since it has a high success rate.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
978-2-38476-164-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_36How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Ajeng Aditya Listyani
AU  - Tri Lisiani Prihatinah
PY  - 2023
DA  - 2023/12/21
TI  - The Implementation of Dispute Resolution Containing Local Wisdom as a Peace Solution
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 387
EP  - 397
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_36
DO  - 10.2991/978-2-38476-164-7_36
ID  - Listyani2023
ER  -