Mediasi di Luar Pengadilan sebagai Alternatif Penyelesaian Sengketa Perdata bagi Pelaku Usaha Mikro Kecil dan Menengah di Indonesia (Studi Pada International Mediation and Arbitration Center)

Abstract

Micro, Small, and Medium Enterprises (MSMEs) are the backbone of Indonesia’s economy due to their significant number and contribution to national GDP and employment. However, MSMEs continue to face various challenges, particularly in resolving legal disputes arising from business activities, such as breach of contract, copyright infringement, and debt-related conflicts. Litigation is often seen as inefficient due to its lengthy and costly process. Therefore, out-of- court mediation emerges as an alternative dispute resolution method that is faster, more efficient, and preserves relationships between parties. This study aims to examine the legal framework of mediation as an alternative for resolving civil disputes among MSMEs, identify the types of disputes that can be addressed through mediation, and analyze the role of the International Mediation and Arbitration Center (IMAC) in out-of-court dispute resolution. The research employs a normative juridical method with a descriptive-analytical approach, supported by interviews with MSME actors and IMAC representatives. The findings reveal that while mediation is proven effective, its utilization among MSMEs remains low. Therefore, stronger regulations, legal literacy, and increased awareness are needed to promote out-of-court mediation as the primary means of civil dispute resolution among MSMEs in Indonesia.