PERAN MEDIASI DALAM MENYELESAIKAN SENGKETA KOMERSIAL DI PENGADILAN NEGERI JAKARTA TIMUR
Research on the Role of Mediation in Resolving Commercial Disputes in the East Jakarta District Court aims to examine the role of mediation as an alternative settlement of civil disputes in the East Jakarta District Court, to find out the bottleneck of the application of civil disputes by mediation...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2012
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/98013/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=52967 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | Research on the Role of Mediation in Resolving Commercial Disputes in
the East Jakarta District Court aims to examine the role of mediation as an
alternative settlement of civil disputes in the East Jakarta District Court, to find
out the bottleneck of the application of civil disputes by mediation in the East
Jakarta District Court and to find strength decision of the peace mediation in the
legal system in Indonesia's perspective.
This study is a juridical approach to empirical research. To obtain the data,
the authors conducted interviews with the subjects of research that is with the
judges mediation, Vice Chairman of the East Jakarta District Court, and
academics are often active mediation proceedings in the East Jakarta District
Court.. The data has been collected is checked back then classified according to
their respective fields who subsequently recorded in a systematic and
consistent. The data is analyzed and interpreted directly, systematically using
qualitative methods.
The results showed that the implementation of mediation in the East
Jakarta District Court that at the stage or the process of mediation refers to the
PERMA number 1 year 2008 concerning mediation procedure in court. The role
of mediation is conducted in the East Jakarta District Court has been helpful in
settling a civil case despite the lawsuit is less effective. Judge mediators feel
burdened and pressured with the task primarily because of the volume / number
of cases which pretty much handled, both civil cases and criminal cases, which
are the basic tasks they must accomplish, so that the implementation of the
mediation process does not ensure an optimum. Facilities and room for
mediation inadequate, so that the parties prefer mediation in the mediator
because the judge considered more practical. Peace verdict was decided by the
judge in the trial court judge's decision is the same as others who have
permanent legal force and therefore can be executed. |
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