Sihombing, Berliana Br (2023) Pelaksanaan Mediasi Dalam Perkara Perbuatan Melawan Hukum Sengketa Tanah Menurut Perma Nomor 1 Tahun 2016 Di Pengadilan Negeri Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

This study discusses the implementation of mediation in cases of unlawful acts of land disputes according to Perma Number 1 of 2016 at the Pekanbaru District Court, the choice of this title is motivated by the mechanism for solving cases carried out by mediation which is still ineffective in resolving problems outside the court which results in a long process of settlement. This can be seen in the mediation settlement data for unlawful acts of land disputes at the Pekanbaru District Court, namely in 2021 as many as 40 failed to mediate and only 3 were successful in mediation. This study discusses how to carry out mediation in cases of unlawful acts of land disputes according to Perma Number 1 of 2016 at the Pekanbaru District Court and to find out what are the factors that cause the implementation of mediation to fail in cases of unlawful acts of land disputes according to Perma Number 1 of 2016 in the District Court Pekanbaru. The method used in this research is a sociological/empirical legal research method that is descriptive and analytical in nature. Collecting data using interviews and documentation. Data analysis in this study was carried out using a qualitative framework of thinking in order to obtain answers to the main issues. The results of this study are on the implementation of mediation in cases of unlawful acts of land disputes according to Perma No. 1 of 2016 at the Pekanbaru District Court. This was done in accordance with Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Mediation Procedures in Courts. Even though the implementation has not been maximized and runs smoothly due to the failure to reach an agreement between the two troubled parties and the settlement of cases through mediation still takes quite a long time because one of the parties always delays attendance so that it slows down the mediation time until the mediation limit is set, namely 40 days so it seems that mediation is difficult to implement. Factors that cause the implementation of mediation to fail in cases of unlawful acts of land disputes according to Perma Number 1 of 2016 at the Pekanbaru District Court are the lack of understanding of the parties regarding mediation, the parties are dishonest in providing data, the parties cannot agree with each other, there is no ethics to make peace, and the mediators who lack mastery of the matter of the problem

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