Pelaksanaan Mediasi Menurut Perma Nomor 1 Tahun 2008 Berikut Permasalahannya

In essence, every subject of law both individual and legal entity wants to life peacefully without any dispute with any other member of community. However, the dispute could not be avoided in certain circumstances, so that it has to be settled before a court. It is generally kwown that a dispute settled through the court conventionally is very slow and complicated. For this reason, it is necessary for Supreme Court to optimize a peaceful method as set out in Article 130 of HIR or Article 154 of RBG. Such method known as settlement of dispute through mediation as regulated by the Supreme Court Regulation No.1 of 2008. Under the Regulation, principal the parties are obliged to present in mediation. They are given the opportunity to resolve their dispute by mediation out of court to be affirmed. If the expression of a party's consent to be bound by an agreement has been procured through the coercion, error or fraud of its representative by another Party, the Party must submit a new claim for the purpose of agreement cancelation

Kepastian Hukum Pemegang Hak Atas Tanah di Kawasan Hutan (Analisis Putusan Mahkamah Konstitusi Nomor 45/puu-ix/ 2011 Dihubungkan dengan Putusan Mahkamah Agung Nomor 47 P/hum/2011)

The result of the research showed that the Ruling of the Constitutional Court No.45/2011 has judicially reinforced legal certainty for the people entitled to the land rights in the forest area, but it is factually not implemented yet. The Rulling of the Supreme Court No. 47/2011 has also judicially provided legal certainty for the people entitled to the land rights in the forest area, especially in Nort Sumatera. However, the Decree of the Minister of Forestry does not factually accommodate the interest of the people entitled to the land rights. In other words the Decree actually has not yet provided legal certainty for the people entitled to the land rights in the forest area