Pelaksanaan Mediasi Terhadap Perkara Wanprestasi Di Pengadilan Negeri Pekanbaru

Ridho, M.alfa (2022) Pelaksanaan Mediasi Terhadap Perkara Wanprestasi Di Pengadilan Negeri Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Mediation is a peace process mediated by a mediator and mediation procedures based on "good faith" where one person acts as a (vehicle) to communicate between the parties, so that their different views on the dispute can be understood and may be reconciled, but the main responsibility for achieving a peace remains with in the hands of the parties themselves. The legal basis for implementing Mediation in the District Court is the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation procedures in the Court. cases from 2019 to 2020, which is not comparable between success and failure in the mediation process so that it can be said that the Pekanbaru District Court is not optimal. Based on the above, the authors need to investigate further about the effectiveness of mediation in the case of default in the Pekanbaru District Court after the enactment of PERMA No. 1 of 2016. The main problem in this research is how is the effectiveness of the implementation of mediation on cases of default in the Pekanbaru District Court? What are the obstacles faced in the Implementation of Mediation on Default Cases at the Pekanbaru District Court? This research was conducted using sociological or empirical research, namely research to determine the effectiveness of the law, through a qualitative approach. The research was carried out at the Pekanbaru District Court with data collection methods in the form of interviews and documentation studies. In conducting the research the authors used observation research research methods, namely by surveys or directly observing the research location using data collection tools, namely interviews. While its nature is descriptive, namely the author tries to provide a detailed description of the Implementation of Mediation in Settlement of Default Disputes at the Pekanbaru District Court. This study is to determine the effectiveness of mediation at the Pekanbaru District Court based on PERMA Regulation no. 1 of 2016, in 2019 to 2020. The results of this study are that the implementation of mediation in the settlement of Default Disputes at the Pekanbaru District Court has not run optimally because the mediation process does not all run smoothly, this is because there is no agreement between the two parties who have problems and dispute resolution through mediation still takes a long time. so that mediation is difficult to complete, and the inhibiting factor in the implementation of mediation in the settlement of default disputes at the Pekanbaru District Court is that one party is not present, the parties are dishonest in providing the required data, and the parties cannot agree on each other for peace.

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