Adjudication is: understanding, process, and benefits in law

Have you ever heard the term adjudication? This term refers to a dispute resolution process that is usually carried out by involving a third party to achieve formal justice. Understanding the understanding, process, and benefits of adjudication in life is not only important for legal practitioners, but also for anyone who has the potential to face disputes, both in transactions, cooperation, and other civil law relations. But, what is adjudication? Let’s see the full explanation in this article.

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What is adjudication?

In terms of civil law, adjudication is a process of resolving disputes carried out by a third party by issuing binding decisions for the parties to the dispute. Which in its implementation, this adjudication is usually carried out when a dispute cannot be resolved using mediation or alternative dispute resolution.

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Adjudication Process: How is the adjudication?

Based on statutory regulations, the adjudication process is as follows:

1. Apply
   The application was submitted in writing in 90 days from the receipt of LAHP and before the issuance of recommendations. Must contain a summary of LAHP, description of losses, evidence of maladministration, and statements have not been examined in court.

2. Conduct administrative checks
   The application is checked for completeness. If incomplete, the reporter is given 30 working days to complete. If not fulfilled, the application is considered revoked.

3. Special adjudication trial
   The trial is carried out a maximum of 14 days after the complete file, can be directly or online. Begins with the identification of parties and mediation efforts. If it fails, proceed to the main dispute.

4. Material examination
   The party submitted evidence, witnesses, and information. The examination is carried out open, fast, and independent. Parties and witnesses must swear before giving information.

5. Decision
   The adainer assesses evidence and determines compensation. The verdict is read no later than 60 days from the first trial and can be extended 30 days. A copy of the decision is given a maximum of 7 days after being read.

6. Monitor implementation
   Decisions are final and must be implemented within 60 days. The Ombudsman monitoring, and non -compliance can be subject to legal sanctions.

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The benefits of adjudication in dispute resolution

The implementation of adjudication in resolving a dispute plays a very important role. The following are some of the benefits of adjudication in dispute resolution:

1. Resolve disputes neutrally and objectively quickly
2. Prevent the creation of a prolonged dispute because the adjudication can be made when the agreement is still ongoing (not waiting for the agreement to be completed)
3. Produce a private decision
4. Encourages the creation of recovery of relationships due to the ongoing dispute

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Differences in adjudication with other dispute resolution methods

The main difference in adjudication with other dispute resolution methods, such as mediation and counseling, lies in the nature of the decision. Mediation and conciliation generally produce decisions that are not legally binding for the parties. Conversely, the results of the decision of a adjudicator are legally binding.

In addition, adjudication is also different from arbitration in several important aspects. Although adjudication and arbitration have similar characteristics, adjudication has a simpler mechanism than arbitration.

Then in terms of implementation objectives, arbitration aims to end or seek resolutions from disputes that are happening, while adjudication aims to manage disputes and maintain cash flow. The arbitration process tends to be formal and relatively slow, while adjudication is informal, concise, and relatively fast.

Regarding costs, arbitration is generally more expensive than a relatively inexpensive adjudication. In addition, in its implementation, adjudication does not require termination of work implementation, in contrast to arbitration. This makes the adjudication considered more effective because it does not hamper the implementation of work in the field.

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Adjudication in various fields of law

In practice, adjudication is not only found in civil law. However, there are several other fields of law such as the field of State Administrative Law which also uses the term adjudication to resolve its dispute.

In civil law, adjudication generally refers to the process of examining and terminating cases by the court, where third parties decide on disputes based on the proof and argument of the parties. Which in this process is also included in non -litigation adjudication as carried out by the Information Commission in resolving public information disputes.

Whereas in the field of State Administration, adjudication was carried out by the State Administrative Court (PTUN) to examine and decide on disputes between citizens or legal entities and state administration officials related to state administrative decisions.

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Challenges and shortcomings in adjudication

In its application, although adjudication is known to have many advantages, especially in terms of speed and efficiency, this process still holds a number of challenges and deficiencies that need to be observed from various perspectives.

Challenges in Adjudication:

1. Complexity of evidence and facts
2. The availability and presence of the parties
3. Time constraints
4. Public trust and community understanding

Shortcomings in adjudication:

1. The principle of formality that can be inhibited
2. The verdict cannot be filed an appeal
3. Dependence on the quality of the admission

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What is the best choice for dispute resolution?

Adjudication is often a very good choice for dispute resolution, especially in certain cases that cannot be resolved through negotiations or mediation. One of its main advantages lies in its speed when compared to other dispute resolution pathways.

This makes the adjudication very suitable as an alternative to the resolution of disputes, where protracted disputes can inhibit the continuity of work and cash flow. So that the decision of a binding aide will certainly provide legal certainty and help maintain cash flow. In addition, adjudication can be resolved in secret, maintaining sensitive information so that it is not known to the public, and enables the selection of adjudicators who have specific expertise in the field of dispute.

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(This article has been edited by the perqara editorial team)

Reference

1. I Made Wisnu Suyoga, and Yohanes Usfunan, “Settlement of Construction Work Contract Disputes through Adjudication and Comparison with Arbitration”, ACTA Courtesy Vol. 5, No. 2, (2020).
2. Susila Adiyanta, “Law and the Process of Conducting Decisions by Judges: Tracing the Discourse Treasury about Adjudication Theories”, Journal of Law & Administrative Governance, Vol. 4, No. 2, (2021).
3. Titon Slamet Kurnia, “Predictability of Constitutional Adjudication: Constitutional Court and Law Testing”, Constitutional journalI, Vol. 13, No. 2, (2016).