Adjudication or adjudication is a method used to resolve a conflict or dispute that occurs between two parties by involving another person as a third party. Adjudication can also be defined as a process to resolve existing problems in society by choosing various methods to be carried out.
One option to resolve the issue is through trial, but the trial route is usually used as the last option. Then what are other forms of adjudication besides the trial route? In order to be clearer, the following is the definition, characteristics and forms of adjudication.
Meaning of Judgment
Adjudication is an effort to solve social problems in Indonesia, in fact it will always involve a third party. Because solving problems with an intermediary or third party is a natural way to do when you can’t solve a problem by communicating between the two disputing parties. Things like that are better known by many people with the term mediation.
However, sometimes a third party who is present to resolve a conflict is also known as adjudication. Although adjudication can be interpreted as a way to resolve conflicts, adjudication is different from mediation, even though both use a third party.
Then, what exactly is meant by adjudication? Check out the full review, Sinaumed’s.
During the mediation process, the third party cannot decide on a decision on the problem or conflict that occurs. Meanwhile, in adjudication, third parties have the authority to make decisions or provide solutions to problems that are currently happening.
People who have this path usually have quite serious problems and violate state laws or other types of laws that fall under certain criteria. Therefore, solving the problem in this way is usually used as a last resort.
The term adjudication can be defined as an attempt to resolve a problem involving a third party. Where the decision or solution to the problem will be taken by a third party. The nature of the decision is binding and must be carried out by the parties concerned.
Usually, this term is often associated with the word trial. The word trial is more general and is often used for this way of solving. Someone who chooses the adjudication settlement process or the trial method usually has cases or conflicts that are quite difficult to resolve, such as inheritance, land disputes and others.
Definition of Adjudication According to Experts
In order to more clearly understand its meaning, the following is the meaning according to experts.
According to Andreas Soeroso, it is one of the efforts to reach an agreement in resolving problems that occur between the two parties by using the judicial route.
Efforts to resolve problems by means of adjudication usually occur when there are parties who are adamant to each other, so a third party must be involved. The agreement to resolve the issue will be pursued by way of court.
Irma Devita Purnama Sari
Irma Devita Purnama Sari said that this term in land deed registration is an activity carried out by someone to register land for the first time. Adjudication activities are carried out by collecting legal physical evidence on the land.
Law Number 25 of 2009
The term adjudication is also explained in Law no. 25 of 2009 which defines adjudication as a process of resolving public service disputes between parties decided by the ombudsman.
From the explanation of the meaning of adjudication above, it can be concluded that adjudication is a way to resolve a conflict that occurs between two parties through a third party as a mediator who has the authority to decide on a solution to the problem that occurs. In this case, the third party in question is the panel of judges.
As previously explained, adjudication and mediation may at first glance look the same and are difficult to distinguish. However, mediation and adjudication are two different ways of solving problems. In order not to get confused, here are the characteristics of adjudication.
- There is a problem or conflict that needs to be resolved.
- There are two parties involved in a problem or conflict.
- There is a third party as an intermediary.
- The process of solving the problem through the stage of proof first.
- After the proof stage, it is followed by the trial stage.
- There is a stage of drawing conclusions.
- There is an agreement to solve the problem.
- The parties involved in the conflict or problem are willing to implement the solutions that have been found.
Form of Adjudication
Apart from these eight characteristics, another difference between adjudication and mediation is the form. The following are forms of adjudication that Sinaumed’s needs to know about.
1. Adjudication of Land Affairs
The first form is the adjudication of land affairs. This form of adjudication is usually carried out when there is distribution of land to heirs, land purchases that have problems, land disputes and others.
The problem of land affairs is considered quite difficult to resolve through deliberation, so that adjudication needs to be carried out to resolve the dispute. Usually, the adjudication of land affairs is more about strengthening the documents owned by one of the parties, so that a third party can decide justice based on the available evidence.
2. Adjudication in Banking Affairs
The second form is adjudication in banking matters. This form of adjudication will be carried out when the bank involves a third party to resolve problems that occur with its customers.
For example, when there are problems with accounts payable that are not paid by the customer, customers who run away, fraud and so on. A third party will be needed by the bank to find the perpetrator of the dispute or problem.
3. Criminal Adjudication
Criminal acts that may cause harm to individuals or certain groups will require criminal adjudication, especially if the criminal act is difficult or impossible to resolve by deliberation.
Because usually criminal acts will involve the emotions of the victim for the perpetrator’s actions. Sometimes, the emotions of victims and perpetrators cannot be controlled, so a third party is needed to decide the best solution to the conflict that occurs.
Those are the three forms and characteristics that Sinaumed’s needs to know. In the following discussion we will discuss the adjudication process that occurs.
Stages of the Adjudication Process
In the implementation process, the adjudication process needs to go through several stages that are interconnected with each other, so that the third party is able to provide a solution or provide the best decision for the dispute that is currently occurring between the two parties.
Referring to its meaning, there are five processes involved, including initial examination, substantiation, local examination, conclusions from the parties involved, and finally reading of the decision. The following is an explanation of the five stages of the adjudication trial.
Stage One: Preliminary Examination
In the first stage, an initial inspection is carried out. Initial examination in adjudication is verification carried out to achieve the goal of examining the authority of the commission, both absolute authority and relative authority. In addition to checking the authority, during the initial examination, the legal status of the applicant and the respondent and the deadline for filing were also examined.
Stage Two: Proof
In the second stage, verification will be carried out after the application is received. When the verification process is carried out, the authorities will examine concrete evidence related to the dispute or conflict that occurred as well as other events that are still related to the dispute.
Authorities will seek evidence of matters reported by third parties. The evidence that has been collected will then be matched with the facts so that it can proceed to the investigation stage. When evidence has been collected, a third party can study the evidence for consideration before making a decision.
In the second stage, the parties involved in the conflict can submit the evidence they have.
Third Stage: Local Examination
In the third stage, namely the local examination, the adjudication trial that will be held will involve expert witnesses. Examination by expert witnesses was carried out in a coherent manner, starting from identity checks to the relationship between the two parties and the ongoing dispute.
Not only that, the witness will also take an oath to be accountable for all of his testimony in court. All data that has been collected from witnesses will then be used as material for consideration when carrying out conclusions which are the source of the judge’s decision.
Fourth Stage: Conclusion from the Parties
Based on the evidence that has been collected, either through witnesses or submissions from each party involved in the dispute, conclusions will be drawn that are in accordance with the relevant legal context. All witness explanations can be used as material for consideration and taken as the most appropriate conclusion for all parties, for the common good.
The conclusions that have been drawn will then determine the next stage in the adjudication process. Once a decision has been made and is final, it cannot be changed arbitrarily, because strong evidence is needed before drawing conclusions.
Fifth Stage: Read Decision
The final stage of the adjudication trial process is the reading of the decision. This fifth stage is the most awaited stage by all parties concerned.
Once the decision has been read, the decision cannot be disturbed or changed. Everyone involved is obliged to comply with all decisions that have been determined in the adjudication process.
Those are the five stages in an adjudication hearing. If one pays attention, it can be concluded that adjudication is almost the same as the method of settlement through court by collecting data, evidence, both physical and juridical evidence which will later become a joint decision to resolve the problem.
The advantage of resolving disputes with adjudication trials is that decisions made by third parties are binding and based on law. Therefore, both parties involved in the conflict must comply with the decision of the adjudicator. That way, adjudication can prevent the same conflict from happening again.
In order for Sinaumed’s to understand adjudication more clearly, here are examples of cases that require adjudication as a solution.
1. Accident Case
Accident cases that cannot be resolved by means of mediation or deliberation, the party who feels aggrieved is allowed to report to the authorities. When filing an accident case with the authorities, the applicant must bring along physical evidence or evidence that can corroborate the case.
It is quite common for the perpetrator to run away, but there is evidence left at the crime scene (TKP). That way, the authorities can carry out the investigation process with the remaining evidence.
The stronger the evidence you have, the faster the accident case is resolved. Vice versa, if there is no evidence, the case will be difficult to resolve and the authorities cannot take action.
2. Divorce Case
Conflicts can arise in various situations and conditions. This is also related to problems in the household known as family disorganization. Family problems that cannot find a solution, it is necessary to involve a third party as a solution.
In divorce cases, a third party will be involved after the problem is tried to be resolved through mediation first. After the mediation process is carried out and no solution is found, it will proceed with adjudication.
Then, a decision will be taken according to the evidence that has been collected. This trial will also determine the custody of children, assets and other things that have a relationship with all matters in these household issues.
3. Theft Case
The violation that is still often encountered is the case of theft. Cases of theft can be resolved by taking legal action, if there is corroborating evidence that someone has committed theft.
Evidence can be the basis for a violation committed by someone. People who feel aggrieved by these violations will receive compensation and the perpetrators of the action will be required to undergo punishment in accordance with the decision.
4. Murder Case
Murder cases need to be resolved by adjudication because a third party is needed to find out the facts related to the case. In murder cases, it is very rare for the victim or the aggrieved party to make peace with the perpetrator.
In addition, in the process of solving it, the authorities are usually careful in taking action considering that murder cases are very sensitive cases and there is a possibility that murder cases can occur repeatedly.
5. Corruption Cases
One of the actions that cannot be resolved by deliberation or mediation is a corruption case. This is because in corruption cases, the perpetrator uses a large amount of funds that have been used and usually concerns the interests of many people.
Third parties are needed in solving corruption cases and will involve various parties to conduct investigations and collect evidence that can be used as material for consideration when making conclusions. In addition, the process of investigating corruption cases usually takes quite a long time.
6. Land Dispute Case
Cases of land disputes can occur in institutions or individuals. Cases of land disputes that occur in an institution usually occur more frequently when there are two parties who both acknowledge ownership of the land.
When facing the problem of land disputes, third parties need to look for related documents, so as to find common ground for these problems. The decision will be made after the evidence is found and the decision cannot be contested, while the parties involved need to carry out the agreement.
7. Cases of Copyright Infringement
Someone who has a copyright or patent on a work will usually try to protect the work, so that the work is not copied by any party. Copyright infringement cases usually occur in the creative industry or happen to certain brands. The third party in this case will be a neutral party whose task is to decide ownership of the copyright according to the available evidence.
8. Case of Defamation
Actions of defamation usually corner only one party. The cornered party usually does not accept or feels offended, so they report allegations to the authorities using adjudication services. Adjudication is chosen, when both parties fail to resolve the problem by means of deliberation or mediation.
That is the explanation of adjudication is a problem solving effort. Sinaumed’s can learn more about adjudication or other law-related material by reading books. As #FriendsWithoutLimits, sinaumedia.com provides law books that Sinaumed’s can study. So don’t hesitate to buy the book at sinaumedia.com! Together with sinaumedia, get #MoreWithReading information.