PELAKSANAAN MEDIASI DALAM PENYELESAIAN PERKARA PERDATA DI PENGADILAN NEGERI KELAS IA PADANG BERDASARKAN PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN

Abstract

Civil dispute resolution in Indonesia is generally through litigation in court, but this process is often time-consuming, expensive, and results in win-lose decisions. To overcome this, the Supreme Court issued Perma Number 1 of 2016 which requires mediation as the initial stage in civil cases to encourage peaceful, efficient, and fair dispute resolution through deliberation and consensus. The problems in this study are 1) How effective is the mediation process in resolving disputes at the Class IA Padang District Court? 2) What are the obstacles in the mediation process in resolving disputes at the Class IA Padang District Court? 3) What are the efforts of the mediation process in resolving disputes at the Class IA Padang District Court? The method used is an empirical legal approach with primary data through interviews with mediator judges, as well as secondary data from official court documents and related legal literature. The results of the study are that mediation at the Class IA Padang District Court is in accordance with the procedure, but the success rate is still low. The causes are low awareness and good faith of the parties, limited time and readiness of mediators, and suboptimal infrastructure. However, efforts to improve are continuously carried out through mediator training and facility improvements. In order for mediation to be effective, support from all parties is needed, as well as socialization and capacity building of mediators to achieve peaceful and fair dispute resolution.