Tinjauan Terhadap Pelaksanaan Mediasi Oleh Hakim Mediator Pada Pengadilan Negeri Pekanbaru Tahun 2017

Wahyudi, Ridho (2019) Tinjauan Terhadap Pelaksanaan Mediasi Oleh Hakim Mediator Pada Pengadilan Negeri Pekanbaru Tahun 2017. Other thesis, Universitas Islam Riau.

Text 151010271.pdf - Submitted Version Restricted to Repository staff only Download (7MB) | Request a copy

Abstract

Mediation has an important position in Perma No. 1 of 2016, because the mediation process is an integral part of the litigation process in court. The parties must follow the procedure for resolving disputes through mediation. If the parties violate or are reluctant to implement mediation procedures, then the claim is declared unacceptable by the Judicial Examining Judge and is subject to the obligation to pay mediation fees. Therefore, the mediator in consideration of the decision must state that the case in question has been sought for peace through mediation by issuing a decision which is the final decision stating that the claim is unsuccessful or unacceptable along with a penalty for payment of mediation fees and court fees. The main problem of the study is how the implementation of mediation by the judge mediator at the Pekanbaru District Court and what factors inhibit the implementation of mediation by the judge mediator at the Pekanbaru District Court. The research method is observational research, by survey. while the nature is descriptive, namely the problem solving procedure investigated by describing or describing the state of the subject or object of research. Inductive drawing conclusions, namely connecting things that are Special to things that are general. The results of the study that the Mediation Implementation by the Judge Mediator at the Pekanbaru District Court was not going well because the mediated cases were not all carried out peace which resulted in no meeting point for the parties so that the case was resolved by the court proceedings. Even though mediator judges in the mediation have tried to conduct a negotiation process in order to find various possibilities for dispute resolution without using a way to decide or enforce a settlement, the inhibiting factor The Mediation Judge at the Pekanbaru District Court is the number of judges which is not proportional to the number of cases function as a judge, the delivery of which is explained by the mediator is not understood by the parties and both parties generally tend to want to resolve it with a judicial process.

Actions (login required)

View Item