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
Dosen Pembimbing: | unspecified | unspecified |
---|---|
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 S1 |
Depositing User: | Iin Hayuningtyas |
Date Deposited: | 06 Sep 2017 02:01 |
Last Modified: | 09 Dec 2024 06:40 |
URI: | http://repository.ump.ac.id/id/eprint/3802 |
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