Dian Surya Catur Dilaga Sariputra / 031411131130/A-3

ALTERNATIVE DISPUTE RESOLUTION THAT RECOGNIZED IN

INDONESIA

What is Alternative Dispute Resolution (ADR)? In Indonesia there are several terminology that
to describe ADR,which are APS (Alternatif Penyelesaian Sengketa),MAPS (Mekanisme
Alternatif Penyelesaian Sengketa) and PSA (Penyelesaian Sengketa Alternatif). Alternative
Dispute Resolution can be interpreted as alternative to litigation,which mean it is covering the
settlement outside the court,that are Consultation, Negotiation, Mediation, Conciliation,Binding
Opinion or Expert Opinion. With this kind of meaning, some scholar argued that scope of ADR
not include Arbitration as the part of ADR, in Indonesia this kind of concept is adopted as the
meaning of APS,and MAPS, while some scholar argue that PSA meaning have larger
coverage than APS and MAPS,PSA are the combination of what include in Alternative
Dispute Resolution + Arbitration. While the definition adopted by Indonesia law is that
according to article 1 number 10 of Law no 30 of year 1999, Alternative Dispute Resolution
defined as Institution to resolve dispute or different opinion through procedure agreed by the
parties, which are Settlement outside the court by the way of Consultation, Negotiation,
Mediation, Conciliation, or Expert opinion.
In other opinion, Suyud Margono, SH., MHum., CIArb., Dr. in his book, Alternative dispute
resolution dan Arbitrase describe that Alternative Dispute Resolution is a foreign terminology
that have several similar terminology equivalent in Indonesia that are Mekanisme Alternatif
Penyelesaian Sengketa (MAPS), Pilihan Penyelesaian Sengketa di Luar Pengadilan, and
Mekanisme Penyelesaian Sengketa Secara Kooperatif.
From the explanation above,the Alternative Dispute Resolution that is recognize in Indonesia
are:
A. Consultation: A personal action between the parties (client) with consultant party, where
the consultant party give their opinion to their client according to the purposes and the
needs of the parties
B. Negotiation: A process between two or more parties trying to reach agreement through
joint decision toward one/more problem which are shared consent between them that in
actual condition potentially able to be a dispute
 C. Mediation: a way of resolving disputes through discussion process to reach agreement
between the parties with the assistance of a mediator. There are also mediation in the
court which is called as Court-annexed Mediation, this kind of mediation even though
happen in the court,it is still can be included as Alternative Dispute Resolution.
D. Conciliation: a process to resolve dispute with the third party will be the conciliator by
the agreement from both parties to seek an acceptable solution. In conciliation, the
disputing parties tend to have unequal position of power, hence the need of Conciliator be
given power or seek powerful parties to made the position of disputing parties are equal
E. Expert Opinion: Where the Disputing parties ask the expert about certain technical matter
that match with their expertise that is related with their dispute

As stipulated by article 6 paragraph (1) of Law No 30 of year 1999, Civil disputes or

differences of opinion can be resolved by the parties through alternative dispute resolution that is
based on good faith to the exclusion settlement of litigation in the District Court. It mean that
the kind of dispute may be resolve with Alternative Dispute resolution in Indonesia is only
private and commercial matter,but not Criminal dispute.