PENGUATAN MEDIASI DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN (Studi di Pengadilan Negeri Purwokerto)

PRASTIWI, INTAN ANGGARANI (2017) PENGUATAN MEDIASI DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN (Studi di Pengadilan Negeri Purwokerto). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

Mediation in general can be defined as one way of dispute settlement through negotiation process to get agreement of parties assisted by a mediator. The regulation concerning to the process of mediation in the Court is regulated in PERMA No. 1 of 2016 on Court Mediation Procedures. Essentially, the obligation to carry out the mediation process in the Court as regulated in PERMA No. 1 of 2016 on Mediation Procedures in Courts is a revitalization of Article 130 HIR / 154 RBg of civil law procedure which obliges judges to reconcile civil cases first before case review. The integration of mediation in the courts is a revolution implemented by the Supreme Court to improve the role of the judiciary as an institution that serves the justice seekers in a simple, fast and inexpensive and is expected to overcome the problem of cases accumulation, especially in the cassation level. However, in fact, the objective has not been achieved considering that the success rate of mediation in court is still quite low, one of them is found in the District Court of Purwokerto. The objective of this research was to find out and to analyze the cause of the less optimal implementation of mediation in the court as well as to find out and to analyze the strengthening of mediation in the resolution of civil dispute in Purwokerto District Court. Doctrinal research approach was used as the research method, this approach provides a detailed systematic explanation of the rules governing certain legal categories, analyzing the correlation between regulations, explaining areas with its obstacles, and predicting future developments. The result of this research is that the implementation of mediation process in Purwokerto District Court has been in accordance with PERMA rules no. 1 Year 2016 on Mediation Procedures in Courts, but it has not been able to achieve optimal results due to several inhibiting factors such as law enforcement, community and culture. To further optimize the success of mediation in the courts, a mediating step should be taken to provide an understanding of mandatory mediation, changing the mindset of lawyers to their clients' interests, improving mediator expertise, providing incentives for the judges who successfully perform their functions as mediators, and adopting the application of mediation systems of other state courts that have succeeded in reconciling the disputing parties

Item Type: Thesis (Bachelor)
Additional Information: Pembimbing: Dr. Indriati Amarini, S.H., M.Hum
Uncontrolled Keywords: Mediation, PERMA No. 1 of 2016, Strengthening Mediation.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Iin Hayuningtyas
Date Deposited: 06 Sep 2017 02:01
Last Modified: 06 Sep 2017 02:01
URI: http://repository.ump.ac.id/id/eprint/3802

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