ALTERNATIF PENYELESAIAN SENGKETA (APS)

Humans, as social beings, are often involved in legal relationships that may lead to disputes. To resolve such conflicts peacefully, Alternative Dispute Resolution (ADR) offers a non-litigation solution that is more efficient and cooperative. In Indonesia, although peaceful settlement has existed within traditional practices, the development of ADR has progressed more rapidly in Western countries. This study employs a descriptive qualitative approach through literature review to examine ADR mechanisms in resolving contractual disputes. Such disputes arise from violations of contractual rights and obligations, and may be resolved through litigation or alternative methods such as mediation and arbitration. A case study on a land sale agreement illustrates that a party who has not received full payment is entitled to withhold their obligations, in accordance with the principle of exceptio non adimpleti contractus. This research also highlights the importance of strengthening ADR education in universities to prepare legal practitioners capable of handling disputes outside of court

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Publication Details

Journal
Jurnal Ekshis
Published
2025-04-27
DOI
https://doi.org/10.59548/je.v3i1.361
Citations
1
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
4.20
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article

ALTERNATIF PENYELESAIAN SENGKETA (APS)

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1 citations
Jurnal Ekshis
Marriage and Family Dynamics
4.20
article

ALTERNATIF PENYELESAIAN SENGKETA (APS)

Arisma Damayanti, Firdatul Halimah, Reva Khoirotul Ramadhani, Tabita Vasya Nurin N, Ulfa Khusnul Ambarwati, Zami Salsabela
article en
1 citations

Abstract

Humans, as social beings, are often involved in legal relationships that may lead to disputes. To resolve such conflicts peacefully, Alternative Dispute Resolution (ADR) offers a non-litigation solution that is more efficient and cooperative. In Indonesia, although peaceful settlement has existed within traditional practices, the development of ADR has progressed more rapidly in Western countries. This study employs a descriptive qualitative approach through literature review to examine ADR mechanisms in resolving contractual disputes. Such disputes arise from violations of contractual rights and obligations, and may be resolved through litigation or alternative methods such as mediation and arbitration. A case study on a land sale agreement illustrates that a party who has not received full payment is entitled to withhold their obligations, in accordance with the principle of exceptio non adimpleti contractus. This research also highlights the importance of strengthening ADR education in universities to prepare legal practitioners capable of handling disputes outside of court

Jurnal EkshisVol. 3(1)
Universitas Al Washliyah (ID)
Openalex Percentile: Top 8%
Marriage and Family Dynamics
4.20
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