Pemberlakuan Mediasi di Pengadilan Negeri pada Perkara Perdata untuk Memperluas Akses Bagi Para Pihak Memperoleh Rasa Keadilan

Abstract

Mediation is a method to resolve disputes through negotiation process to effect a compromise between the parties with the assistance of a mediator. The legal basis for mediation procedure is Supreme Court Regulation No. 1 Year 2006 on Mediation Procedures in Court. There are four reasons why the Supreme Court implements a mediation for legal proceedings in the court namely: to overcome backlog of cases to resolve disputes more quickly and economically, to maximize access for the parties to gain a sense of justice, and to strengthen and maximize the functions of the courts in resolving disputes. Reseach methodology: the research is conducted in two phases which include library research and field research. The library research is performed by making an attempt to understand Indonesian Supreme Court Regulation No. 1 Year 2008 on the Implementation of Mediation in Court and by studying books on law of civil procedure. Field reserach is a research conducted by collecting data directly from the Central Jakarta District Court and East Jakarta District Court. The purpose of this study is to determine the success rate of mediation in practice and to determine the factors that affect the success rate of mediation in practice. The factors that affect the success rate are firstly, the Supreme Court Regulation on Mediation Procedure in Court, secondly, the mediator and thirdly, the conflicting parties or their attorneys