Optimalisasi Mediasi pada Sengketa Proses Pemilihan Umum di Bawaslu

Abstract

This article explores practices of alternative dispute resolution (mediation) of the elction process dispute in Bawaslu. The course of mediation so far must receive special attention. So that dispute resolution at the adjudication stage can be reduced. Within that framework, this paper will also try to present ideas that can be used by Bawaslu, so that mediation runs optimally. To examine this, the research uses normative legal research, secondary data consisting of primary and secondary legal materials, supported by conceptual approaches, legislation, and comparison. The study results show that the mediation process at Bawaslu is too short a time. Typically, the mediator is not authorized to be actively involved in resolving the dispute process, such as providing alternative solutions if both parties reach an impasse. So that the mediation process is not optimal. Therefore, to prevent this from happening again, several solutions or steps can be taken: first, increase the time of the mediation process; second, the involvement of national arbitration bodies; third, the active role of mediators.