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Expert Meeting and Dispute Settlement Hearing
HSF supported the Ministry of Law and Human Rights Held regarding the Settlement of Regulatory Disputes through Mediation

On October 3rd and 4th, the Hanns Seidel Foundation and the Directorate General at the Ministry of Law and Human Rights held an expert meeting followed by an alternative dispute resolution hearing based on Permenkumham Number 2 of 2019.

The hearing session at the Ministry of Law and Human Rights

HSF

Background of the Legislation

The newly established dispute settlement mechanism aims at solving regulatory issues that arise through overlapping and conflicting legislation. Legal uncertainty, both horizontally and vertically, is the result of this situation. The Ministry of Law and Human Rights took the initiative to solve such regulatory problems by issuing Regulation No. 2 of 2019 concerning the Settlement of Conflicting Regulations through Mediation. The application of this regulation through the ministry has been successfully established with the help of HSF.

 

Expert Meeting and Hearing Session

The actual expert meeting was attended by by the staff of the directorate of legislation and by various legal experts that serve on the panel of mediators. The experts discussed the techniques of alternative dispute resolution based on Permenkumham Number 2 of 2019 (Settlement of Regulatory Disputes through Mediation). In addition, concrete cases of the hearing were also discussed and pre-analysed.

Legal experts discuss on procedural issues.

HSF

The main case was related to a Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia (Number 15 of 2016 on Rapid Service Delivery in the Electricity and Mineral Resources Sector). The hearing was attended by the parties to the dispute, by legal experts which acted as counsel, and by the panel of mediators. A decision by the expert panel will be handed down in due time.