Analisa Faktor Penghambat Mediasi Dalam Sengketa Perdata di Pengadilan Negeri Surakarta

Th. Kussunaryatun

Abstract

This research was conducted to assess the implementation of Supreme Court Regulation No. 1 of 2008 on Mediation Procedure in the District Court of Surakarta, and factors of barriers to the implementa tion of mediation, and the solution. This research is non doctrinal/social research that is descriptive. Data used mainly primary data, supported by secondary data. Determination of resource persons with purposive sampling. Data collection using interviews and literature study and analyzed by interactive model. Already implement the provisions in Perma No. 1 of 2008 on Mediation Procedure in District Court, in particular already provides ten mediators listed in mediator, despite the fact that the parties prefer to judge rather than a mediator mediators are not judges. The judges examiner case requires the parties to implement the mediation process, and the stages in the process of mediation has been conducted in accordance with the provisions of Article 13 through Article 20 Perma No. 1 / 2008. Barriers that arise in the mediation process, particularly come from the parties themselves, who maintain negative traits such as high self-esteem, feel the most right, will not budge at all, more content to accept the decision of the judge rather than accept the deed for peace. Barriers also arise from the lawyer as a power law, which is actually hinder its clients to conduct mediation. Limited the number of mediators Judge is also a barrier to mediation because the workload of judges other than as a case examiner both civil and criminal matters, also must act as a mediator. Third party consisting of relatives or friends of the parties sometimes also gives a negative effect
so that mediation is not achieved. The solution of these constraints are by growing awareness of the benefits of the parties to achieve mediation with the direction, approach and motivation provided by the mediator, lawyer as its legal counsel or by a third party.  Need to increase the number of mediators and judges. The Supreme Court immediately assign a mediator of behavior guidelines and incentives for mediators judges. .Need intensive socialization of Perma No. 1 / 2008 to the parties involved in civil disputes and to the community.

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