ANALISA FAKTOR PENGHAMBAT MEDIASI DALAM SENGKETA PERDATA DI PENGADILAN NEGERI SURAKARTA
SARI: 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.
Penulis: Th. Kussunaryatun
Kode Jurnal: jphukumdd100075
