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

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.