Penyelesaian Sengketa Non-Litigasi (Alternative Dispute Resolution) dengan Metode Negosiasi dalam Perkara Wanprestasi atas Pembelian Satu Unit Mobil

Not all problems must be resolved in Court, but they can also be resolved outside the Court (non-litigation), namely by means of Arbitration or Alternative Dispute Resolution. One of the Alternative Dispute Resolution methods is Negotiation. Negotiation is a process to reach mutual satisfaction through discussion and bargaining. The purpose of this writing is to know, analyze, and identify the implementation of non-litigation dispute resolution (alternative dispute resolution) with the negotiation method in a default case for the purchase of one unit of car. The type of research used is empirical legal research / juridical empirical, while the approach method used is a socio-legal approach (sociology of law). The results of the research show that there are several weaknesses and advantages to using the negotiation method in the process of resolving this case. The weakness is that this method is deemed not firm enough regarding the violation committed by one of the parties and also as a means of delaying one party's decision, which if delayed the party will benefit, both in terms of time and other opportunities. Meanwhile, the advantages are that it does not require a third party and does not require a lot of money. Law No. 30/1999 on Arbitration and Alternative Dispute Resolution does not clearly mention negotiation and the validity of the outcome of the parties' agreement. Therefore, the Government should make specific laws and regulations that discuss negotiations in detail, both in terms of law and justice, in order to create legal certainty in society.