Tinjauan Yuridis Pelaksanaan Mediasi Oleh Mediator Di Pengadilan Negeri Teluk Kuantan Ditinjau Dari Perma Nomor 1 Tahun 2016 Tentang Mediasi

Nabila Faizah, Ihtiyathi (2022) Tinjauan Yuridis Pelaksanaan Mediasi Oleh Mediator Di Pengadilan Negeri Teluk Kuantan Ditinjau Dari Perma Nomor 1 Tahun 2016 Tentang Mediasi. Other thesis, Universitas Islam Riau.

Text 191010483.pdf - Submitted Version Restricted to Repository staff only Download (1MB) | Request a copy

Abstract

Mediation plays an important role in PERMA No. 1 of 2016, because the mediation process is a dispute resolution process taken by litigants which is an inseparable part of the judicial process where it is an obligation that must be obeyed by all courts in the territory of Indonesia. The parties must follow the mediation procedure to resolve the dispute. Reconciling the litigants in Court is not an easy matter. This is due to the lack of availability of legal institutions that can assist parties in resolving disputes and the lack of public understanding of the importance of mediation. The main problem of this research is how the implementation of mediation at the Teluk Kuantan District Court and what are the inhibiting factors for the implementation of mediation at the Teluk Kuantan District Court. This research is classified as sociological research (empirical) or observational research, namely by going into the field to obtain information and data. The author uses inductive thinking method to draw conclusions, namely changing general statements to specific statements. The results showed that the implementation of mediation by the mediator at the Teluk Kuantan District Court was not going well because not all the mediation cases had reached a settlement due to the absence of a common ground for the parties so that the case was resolved through a court process. In fact, the mediator judge in mediation has tried to make the negotiation process result in a settlement without deciding or coercing. And the inhibiting factor for the parties and the mediator judge is that the facilities in the Teluk Kuantan District Court to carry out mediation are still not conducive and make the parties and mediators feel uncomfortable.

Actions (login required)

View Item