Maraknya Penggunaan Alternative Dispute Resolution

(Bukti Ketidakmampuan Sistem Peradilan dalam Memberikan Keadilan yang Cepat dan Efektif)

Abstract

This study aims to analyze the factors contributing to the increasing use of Alternative Dispute Resolution (ADR) and to examine whether this phenomenon can be regarded as an indication of the judiciary's inability to provide swift and effective justice. The research employs a normative legal method using both a statutory approach and a conceptual approach. Data were collected through a literature review of primary, secondary, and tertiary legal materials relevant to the judicial system and ADR. The findings reveal that the growing use of ADR is influenced by several key factors, including lower dispute resolution costs, greater time efficiency, confidentiality, and a win-win solution approach that is better able to accommodate the interests of the parties involved. Furthermore, the continuously increasing success rate of mediation indicates that the public has developed greater trust in consensual dispute resolution mechanisms. Nevertheless, the widespread use of ADR should not be interpreted as evidence of the overall failure of the judicial system. Rather, this phenomenon is more appropriately understood as a reflection of society’s need for dispute resolution mechanisms that are faster, more flexible, and more responsive. Therefore, ADR and the judicial system should be positioned as complementary mechanisms in achieving justice, legal certainty, and legal utility for society.