AN ALTERNATIVE MODEL OF BRAND DISPUTE SETTLEMENT THROUGH MEDIATION IN AMICABLENESS PERSPECTIVE

The Indonesian philosophy to live as a society and a state prioritizes amicable principles through deliberation. This negotiation has been escalated by Indonesia's founding fathers by including it into Pancasila (The Five Principles) and 1945 Constitution. Brand dispute is one of frequently-occurring issues in Indonesian industrial community. However, the option of brand dispute settlement through mediation is frequently omitted by the disputing parties. It is particularly surprising for dispute settlement through mediation or another alternative has been mandated in Article 93 of Law Number 20 Year 2016 concerning Brands. The problem escalated in this research is how does the alternative model of brand dispute settlement through mediation in amicableness perspective match the Indonesian philosophy based on the values of Pancasil (The Five Principles) a. This research uses empirical legal study, a legal research method which serves the purpose of seeing the law in its real sense and of reviewing how the law works in the society. The primary data used here are obtained from a set of observations and interviews. The research finds that the mediation model as an alternative brand dispute settlement in amicableness perspective matches the Indonesian philosophy to live as a society through deliberation. (c) 2018 Published by Future Academy www.FutureAcademy.org.UK