PENYELESAIAN PERKARA PERDATA MELALUI MEDIASI DI PENGADILAN NEGERI PAINAN
Keywords:
Keyword: Mediation, Civil Case, District Court, Dispute ResolutionAbstract
The resolution of civil cases through mediation in the District Court is governed by the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. Mediation is a more efficient alternative for resolving disputes compared to litigation, which tends to be time-consuming and costly. Problem formulations: (1) How is the implementation of mediation in resolving civil cases at the Painan District Court? (2) What are the obstacles encountered in the implementation of mediation for civil cases at the Painan District Court and what are the solutions? (3) What efforts does the District Court make in completing the mediation process at the Painan District Court? The type of research conducted is sociological legal; the sources of data are primary and secondary data; the data is analyzed qualitatively. Data collection techniques are obtained through interviews and document studies. Research Results: (1) The implementation of mediation in the Painan District Court has a relatively low success rate. (2) The obstacles faced in the implementation of mediation are the lack of understanding among the parties about the benefits of mediation, the uncooperative attitude of the disputing parties, and the scarcity of certified mediators. The solutions include increasing public awareness about mediation, training mediators, and adopting a persuasive approach by mediator judges. (3) The court has made efforts to improve the effectiveness of mediation by preparing special facilities, appointing competent mediator judges, and promoting the importance of mediation in resolving civil disputes peacefully, quickly, cheaply, and efficiently.
References
A. Buku-Buku
H. Priyatna Abdurrasyid, 2002, Arbitrase dan Alternatif Penyelesaian Sengketa, Suatu Pengantar, PT. Fikahati Aneska bekerjasama dengan Badan Arbitrase Nasional (BANI), Jakarta.
Maiyestati, 2022, Metode Penelitian Hukum, LPPM Universitas Bung Hatta, Padang.
B. Peraturan Perundang-Undangan
Peraturan Mahkamah Agung Republik Indonesia (PERMA) Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan.
C. Sumber Lainnya
Penyelesaian Sengketa Melalui
Bina Mulia Hukum, Volume 4, Nomor 1, hlm. 4.
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