ALTERNATIVE DISPUTE RESOLUTION SEBAGAI MODEL PENYELESAIAN SENGKETA ETIKA BISNIS DALAM MEWUJUDKAN FUNGSI LEMBAGA OMBUDSMAN SWASTA DAERAH ISTIMEWA YOGYAKARTA
Abstract
The title of this research is ALTERNATIVE DISPUTE
RESOLUTION AS DISPUTE SETTLEMENT MODEL OF BUSINESS
ETHICS IN THE REALIZING OF THE FUNCTION OF PRIVATE
OMBUDSMAN INSTITUTION (LOS) OF SPECIAL REGION OF
YOGYAKARTA. The problem backgrounds of this research are: How does
the process of dispute resolution of business ethics in the Private Ombudsman
Institution of Special Region of Yogyakarta (LOS DIY) ? and to what extent
LOS DIY has the authority to resolute the complaints relating legal issues?
The aims of this research are: to analyze the dispute resolution processes
of business ethics in LOS DIY; to find rules that can be used as a handling
standard of business ethics dispute; to analyze the authority of LOS DIY in
completing reports on complaints related to legal issues and find alternative
solutions related to the limitations of authority possessed by LOS DIY. The
research resluts can be concluded as follows:
First, complaints of business ethics violaton fi-om the people to LOS
DIY immediately followed up by LOS DIY with the appointing of responsible
person of the case which consists of two person, one the member and one
assistant of LOS DIY. The dispute resolution processes of business ethics in
LOS DIY with the model of AlternatifDispute Resolotion or efforts to settle
the dispute out of court have been shown to help resolve disputes effectively
and efficiently, it can be seen through the case report data followed by LOS
DIY, of the data suggests that the case; 90% (ninety percent) report business
ethics dispute reported to LOS DIY can be resolved out of coui-t settlement
efforts or Alternutif Dispute Resolotion, either through bipartite negotiation,
mediation, conciliation, consultation and negotiation, in addition to more than
60% (sixty percent) Recommendations issued by LOS DIY can be followed
up either by the recipient, namely recommendations of Rapporteur, Party and
of the institutions related to cases that are being handled. The existence of
DIY which has the task, function and authority under the mandate given by
the Governor of Yogyakarta through the Governor Regulation Number 22
Year 2008 is very useful, especially in terms of protecting the rights of the
people, and in order to realize good, clean and sustainable corporate
governance.
Second; Although LOS DIY is not a law enforcement agency that its
decision was not binding (non-legally binding decision), but nevertheless LOS
DIY into an institution that has the leverage (the institution of influence),
because the recommendation LOS DIY has a moral force binding (binding
moral decision). For that reason, the LOS DIY received many reports related
to legal issues both civil law and criminal law, in principle, the case could be
resolved by efforts to settle out of court or Alternative Dispute Resolution
cases that are civil, but nevertheless still possible LOS DIY helps resolving
criminal cases containing elements such as fraud or embezzlement by the
terms of the case has not been dealt with by law enforcement agencies such as;
the police, prosecutors and courts.
Collections
- Master of Law [1460]