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Expert Meeting on Regulatory Reform and Harmonization of Laws
HSF supports the Ministry of Justice and Human Rights regarding the Settlement of Regulatory Disputes

The Hanns Seidel Foundation facilitated an expert meeting and a case hearing at the Ministry of Law and Human Rights regarding the settlement of regulatory disputes through administrative measures and alternative dispute resolution mechanisms.

Hearing Session at the Ministry of Law and Human Rights

Hearing Session at the Ministry of Law and Human Rights

HSF

Background

The new alternative dispute resolution mechanism is an attempt to resolve the disharmony between various legal norms through mediation mechanisms. This is a new way of harmonizing laws. The method is expected to be a fast and efficient alternative to litigation in courts (either in the Constitutional Court or in the Supreme Court).

Regulation (Permenkumham) Number 32 of 2017 concerning Procedures for Settlement of Disputes through Non-litigation is the basis of the legal mechanism. The regulation provides the framework for resolving disputes over legislative norms in a non-litigation manner in Indonesia.

 

Legal experts discuss in groups on procedural issues

Legal experts discuss in groups on procedural issues

HSF

Expert Meeting and Hearing

On the first day of the event, an expert meeting was held. It was attended by the staff of the directorate of legislation of The Ministry of Law and Human Rights and by academic experts. Two topics were discussed. One was the completion of a guidance book regarding the procedural norms for resolving the disputes. The experts also discussed a change of Permenkumham Number 32 of 2017 (concerning Procedures for the Settlement of Disputes through Non-litigation). The experts agreed that an improvement of the Permenkumham is necessary with regard to mediation.

On the second day a hearing took place in the ministry. The hearing proceeded smoothly. The panel concluded that the resolution of the dispute was not immediately possible due to procedural matters.