IMPLEMENTATION OF PANCASILA VALUES IN ALTERNATIVE DISPUTE RESOLUTION IN THE FORM OF NEGOTIATIONS

Abstract

Courts in accommodating dispute resolution are still not optimal in implementing decisions that are fair to the parties. Not only has it not created justice, but it has not been able to resolve the dispute in a short time. In the end, there was a backlog of cases, so that the principle of simple, fast, low-cost justice was difficult to realize. Alternative Dispute Resolution is one of the efforts that can be implemented to assist the court in reducing the number of cases piling up, one of the forms of which is Negotiation as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In principle, negotiations are concerned with the implementation of the Principle of Deliberation and Consensus as implied in the Preamble to the 1945 Constitution as stipulated in the Alternative Dispute Resolution Act. The legal issues that are problematic in its implementation are compiled in this article in the form of: What are the weaknesses of Negotiation as an Alternative for Resolving Business Legal Disputes in Indonesia?

The results that will be discussed explain the technical weaknesses of Alternative Dispute Resolution through Negotiations which are generally linked to business law events in Indonesia. The conclusion of this writing is that Alternative Dispute Resolution must continue to be pursued in dispute resolution and in minimizing the weaknesses of the process, among others, opinions are submitted systematically, polite and creative, looking for common ground wisely, viewing other parties as family to create a family atmosphere.