ALTERNATIVE DISPUTE RESOLUTION SEBAGAI MODEL PENYELESAIAN SENGKETA ETIKA BISNIS DALAM MEWUJUDKAN FUNGSI LEMBAGA OMBUDSMAN SWASTA DAERAH ISTIMEWA YOGYAKARTA
SITI UMI AKHIROKH, 12 912 098 SH
MetadataShow full item record
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.
- Master of Law