HARMONISASI HUKUM PENYELESAIAN SENGKETA PERDATA DALAM RANGKA MEWUJUDKAN UNIFIKASI HUKUM

Abstrak

The current civil dispute resolution law, although very pluralistic and spread across various laws and regulations, is still maintained as a basis for examining civil cases in Indonesia. Therefore, it is necessary to carry out research to realize the unification of civil procedural law with the problem. Can the legal arrangements for civil dispute resolution in Indonesia be harmonized in the framework of legal unification? This research is a normative juridical type of research and in order to answer the problem formulation, it is carried out with a statutory approach, a historical approach, a conceptual approach, a case approach and a comparative approach. The results of the research show that civil dispute resolution law can be harmonized to realize legal unification, given the provisions that are scattered in various regulations and according to law, this is justified considering that the existing civil procedural law provisions are a product of the Dutch East Indies government and can no longer accommodate the development of society, knowledge , technology and information. Then juridically, the contents of the legal norms or rules for resolving civil disputes currently in effect do not accommodate the development of society, philosophically, it is necessary to study the concepts and legal principles of civil dispute resolution and sociologically that the presence of new laws and regulations does not is challenged by the community, therefore harmonization of civil dispute resolution law is needed in the framework of unification of civil procedural law.