Fatih Agustiar, Ahmad (2024) Kritikan Terhadap Proses Mediasi Dalam Berperkara Berdasarkan Perma Nomor 1 Tahun 2016 Tentang Prosedur Mediasi Di Pengadilan. Other thesis, Universitas Islam Riau.

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Abstract

According to article 1 point (1) of Supreme Court regulation number 1 of 2016 concerning mediation procedures in court (hereinafter referred to as PERMA 1/2016) mediation is a way of resolving disputes through the negotiation process to obtain agreement between the parties assisted by a mediator. With the existence of the Supreme Court of the Republic of Indonesia Regulation Number 1 of 2016 concerning Mediation Procedures in Court, it is worth describing the reasons why Mediation is still not effective as a method of resolving cases so that then a solution can be found, namely mediation outside the court (non-litigation). The main problem in this study is how effective mediation is in litigation in state courts. What are the Supporting and Inhibiting Factors for the settlement of civil cases through mediation in the state court? In conducting research, the author uses normative research methods, namely research that examines document studies using various secondary data such as laws and regulations, court decisions, and legal theories, and can be in the form of scholars' opinions. While its nature is analytical descriptive, the author tries to take problems or focus attention on problems as they are when the research is carried out, the results of the research are then processed and analyzed to draw conclusions The result of this study is that non-litigation mediation is more effective than litigation mediation. The author suggests that the government should make more use of non-litigation mediation by considering that non-litigation mediation has a consensual and collaborative nature so that the results that will be obtained are win-win (win-win solution) for all parties, cost-effective, faster, confidential, and more respected mediators.

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