THE URGENCY TO FORM A MEDIATION LAW IN INDONESIA (REVIEWED BY THE THEORY OF PROGRESSIVE LAW ON THE LEGAL SOCIOLOGY PERSPECTIVE)

(Reviewed by The Theory of Progressive Law on The Legal Sociology Perspective)

Abstract

In the social relation, human as individual beings also has a role as social beings. Human’s social life in society also had been regulated by the law. Human has a lot relations with another humans mainly on doing profitable daily activities such as business interaction, familyhood, collaboration, contracts, etc. But, from those social relations also found legal issues between humans. Those legal conflict or issues need to be ended. One of the easiest ways to ending conflict is by choosing mediation process. But in Indonesia still have no specific constitution for Mediation Law. There are some legal norms void and blurry about mediation in Indonesia and this bring uncertainty of law and blurry of norms. This research is trying to explaining raising issues due to no Mediation Law in Indonesia and the urgencies to make law regulation about Mediation by using progressive law and sociological jurisprudences perspectives. This research is using normative-juridische methodes. Conclusions, urgencies to make law regulation about mediation is very important to have concerns and considered for better law advancement and enforcement in Indonesia.

Keywords:    Mediation; Progressive Law; Sociological Jurisprudences; Urgency.