Legal Strength of Peace Decisions

Oct 13, 2025 by leolavanderia.com.br 56 views

Introduction

In the pursuit of justice and peace, individuals often face the dilemma of resolving disputes through litigation or non-litigation methods. Alternative dispute resolution (ADR) has long been a part of Indonesian culture, including in Aceh. One of the methods employed by the people of Aceh to resolve disputes is through a deliberation called the peace session. This study aims to identify the alternative dispute resolution patterns applied by the people of Aceh in North Aceh Regency, as well as the factors that influence the success and failure of ADR, and assess the legal force of the results of alternative disputes in this region.

Research and Purpose

This study employs a normative juridical and empirical juridical approach with an analytical descriptive method. The normative juridical approach involves the study of relevant laws and regulations to obtain secondary data, while the empirical juridical approach focuses on collecting primary data through interviews and field surveys. Data collection techniques include literature studies, surveys, and in-depth interviews.

The purpose of this study is to:

Identify the alternative dispute resolution patterns applied by the people of Aceh in North Aceh Regency
Determine the factors that influence the success and failure of ADR
Assess the legal force of the results of alternative disputes in this region

Research Methodology

The research methodology employed in this study includes:

Literature studies to obtain secondary data on relevant laws and regulations
Surveys to collect primary data on the application of ADR in North Aceh Regency
In-depth interviews with key stakeholders, including community leaders and litigation judges

Research Result

The results of this study show that dispute resolution through deliberations or peace sessions in North Aceh consists of two patterns: gradual patterns (indirect) and direct patterns. The forms of decisions in the trial can be in the form of di'iet, dear, suloh, peumat jaroue, and peusijuek. In the Acehnese language, this process is known as Peudamee in Meunasah.

The success and failure of alternative dispute resolution are influenced by internal and external factors. Internal factors include:

The competence of leaders in organizing hearing, which is influenced by the level of authority, experience, legal education, religious understanding (Islam), and understanding of customs
The level of community legal awareness
The level of legal knowledge
Compliance with the leadership
The good faith of the parties to achieve peace

External factors include:

Community legal awareness
The level of legal knowledge
Compliance with the leadership
The good faith of the parties to achieve peace

Legal Strength of Peace Decisions

The decision resulting from the peace session has significant legal force, both philosophically, sociologically, juridically, and morally. Dispute resolution through this method is the first choice for the people of Aceh in North Aceh, while the litigation route is seen as the last option.

Recommendation

To increase the effectiveness of alternative dispute resolution, the Government of Aceh needs to:

Strengthen the Gampong Deliberation Agency through regulations and intensive training
Consider the decision of the village of village as a foundation in the process of resolving disputes in court
Formulate a legal basis that limits the authority of the litigation judge in resolving disputes that have reached a peaceful decision

By implementing these steps, it is hoped that the Acehnese people can continue to prioritize dispute resolution through peace and deliberations, creating justice and peace that is desirable.

Conclusion

This study has identified the alternative dispute resolution patterns applied by the people of Aceh in North Aceh Regency, as well as the factors that influence the success and failure of ADR. The results of this study show that the decision resulting from the peace session has significant legal force, both philosophically, sociologically, juridically, and morally. To increase the effectiveness of alternative dispute resolution, the Government of Aceh needs to strengthen the Gampong Deliberation Agency and consider the decision of the village of village as a foundation in the process of resolving disputes in court.

Limitation

This study has several limitations, including:

The study only focuses on the people of Aceh in North Aceh Regency
The study only considers the internal and external factors that influence the success and failure of ADR
The study only assesses the legal force of the results of alternative disputes in this region

Future Research

Future research can build on the findings of this study by:

Conducting a similar study in other regions of Indonesia
Investigating the application of ADR in other contexts, such as business disputes
Assessing the effectiveness of ADR in resolving disputes in different cultures and societies.

Q: What is Alternative Dispute Resolution (ADR)?

A: Alternative Dispute Resolution (ADR) refers to the process of resolving disputes outside of the traditional court system. ADR methods include mediation, arbitration, and negotiation.

Q: What is the significance of ADR in the people of Aceh in North Aceh Regency?

A: ADR is a significant aspect of the people of Aceh in North Aceh Regency, as it provides a peaceful and effective way to resolve disputes. The people of Aceh have a long history of using ADR methods, such as the peace session, to resolve disputes.

Q: What are the benefits of ADR?

A: The benefits of ADR include:

Cost-effective: ADR is often less expensive than going to court.
Time-efficient: ADR can resolve disputes quickly, without the need for lengthy court proceedings.
Preservation of relationships: ADR can help preserve relationships between parties, rather than damaging them through litigation.
Increased satisfaction: ADR can lead to higher levels of satisfaction among parties, as they have more control over the outcome.

Q: What are the different types of ADR methods used in the people of Aceh in North Aceh Regency?

A: The people of Aceh in North Aceh Regency use several ADR methods, including:

Peace session: A deliberation process where parties come together to resolve disputes.
Mediation: A process where a neutral third party helps parties negotiate a resolution.
Arbitration: A process where a neutral third party makes a binding decision on the dispute.

Q: What are the factors that influence the success and failure of ADR?

A: The factors that influence the success and failure of ADR include:

Competence of leaders: The ability of leaders to organize and facilitate the ADR process.
Community legal awareness: The level of understanding among community members about the ADR process.
Level of legal knowledge: The level of understanding among parties about the law and the ADR process.
Compliance with leadership: The willingness of parties to comply with the decisions made during the ADR process.

Q: What is the legal force of the decisions made through ADR?

A: The decisions made through ADR have significant legal force, both philosophically, sociologically, juridically, and morally. In the people of Aceh in North Aceh Regency, the decisions made through ADR are considered binding and are often respected by the community.

Q: How can the effectiveness of ADR be increased?

A: The effectiveness of ADR can be increased by:

Strengthening the Gampong Deliberation Agency: Providing training and resources to leaders to improve their competence in organizing and facilitating the ADR process.
Considering the decision of the village of village: Recognizing the decisions made through ADR as binding and taking them into account in the court process.
Formulating a legal basis: Developing a legal framework that limits the authority of the litigation judge in resolving disputes that have reached a peaceful decision.

Q: What are the implications of this study for the people of Aceh in North Aceh Regency?

A: This study has significant implications for the people of Aceh in North Aceh Regency, as it highlights the importance of ADR in resolving disputes. The study suggests that ADR can be an effective way to resolve disputes, and that the decisions made through ADR have significant legal force.