IMPLEMENTASI PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN (STUDI KASUS DI PENGADILAN NEGERI BOYOLALI)

Putri, Alfarisa artika (2009) IMPLEMENTASI PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN (STUDI KASUS DI PENGADILAN NEGERI BOYOLALI). Other thesis, Universitas Sebelas Maret.

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    Abstract

    Alfarisa artika putri, E0005002, THE IMPLEMENTATION OF SUPREME COURT’S REGULATION NUMBER 1 OF 2008 ABOUT THE PROCEDURE OF MEDIATION IN THE DISTRICT COURT (A CASE STUDY ON BOYOLALI DISTRICT COURT). Law Faculty of Surakarta Sebelas Maret University. Thesis. 2009. This research aims to find out how the implementation of Supreme Court’s Regulation Number 1 of 2008 About the Procedure of Mediation in the District Court conducted in Boyolali District Court, as well as the judge’s authority in assessing the agreement document before decided as the reconciliation document and the obstacles occurring in the implementation of mediation and the solution in Boyolali District Court. This study belongs to descriptive research, that is, the research intended to describe data as detailed as possible about the human beings, conditions or other symptoms. The data types employed were primary and secondary data. The data sources include primary one obtained from the interview with the Judge of Boyolali District Court, and secondary one encompassing the Section 130 of HIR, the Supreme Court’s Regulation Number 2 of 2003 about the Procedure of Mediation in the Court, the Supreme Court’s Regulation Number 1 of 2008 about the Procedure of Mediation in the Court, the case document, and Judge’s decision Number 38/Pdt.G/2008/PN.Bi, books and literatures relevant to the problem studied. The data collection was done with the field studies including interview and literary study, and then the data was analyzed using an interactive analysis. Based on the result of research, it is obtained that the implementation of Supreme Court’s Regulation Number 1 of 2008 About the Procedure of Mediation in the District Court conducted in Boyolali District Court has been implemented well, for example in the term of obligatory mediation conducted, the mediation duration, mediator selection, as well as the end of mediation has been conducted consistent with the Supreme Court’s Regulation. The weakness occurring in the Supreme Court’s Regulation Number 1 of 2008 is too small proportion of regulation about the judge’s authority in the mediation process, particularly in assessing the reconciliation agreement before decided becoming the reconciliation document. The interesting thing in this research is that within the process of mediation implementation in Boyolali District Court with the case Number 38/Pdt/G/2008/PN.Bi it is found the judge’s authority that is not regulated in this Supreme Court’s Regulation, that is, about the judge’s authority in assessing the reconciliation agreement. The agreement in such case is considered as imbalanced, thereby leading the chief of judges to recommend the change of agreement made by the parties. The mediator has agreed the agreement previously, because it acts neutrally and does not intervene with the agreement made, as long as there is no compellation and law breach. The absence of regulation on such judge’s authority leads the judge to look for the foundation of his/her assessment and authority through a law finding by the judge, underlying such action, with a restricted (in its interpretation) progressive law to achieve a justice. The obstacles occurring in the implementation of mediation based on the Supreme Court’s Regulation Number 1 of 2008 About the Procedure of Mediation in the District Court conducted in Boyolali District Court include the lack of socialization of the Supreme Court’s Regulation, the parties’ less awareness of settling the case through mediation, too arrogant characteristics of parties, less competent mediator, and the attorney designated by the parties sometime acts as if he/she has the full power over the case he/she handles. Boyolali District Court has so far attempts to cope with such obstacles in the implementation of mediation within it. Considering this phenomenon, the District Court should be able to implement the Supreme Court’s Regulation Number 1 of 2008 About the Procedure of Mediation better, in order to support the smoothness of mediation process. Keywords: Supreme Court’s Regulation, Mediation, Judge

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum > Ilmu Hukum
    Depositing User: Devi Nurlita Sari
    Date Deposited: 13 Jul 2013 16:16
    Last Modified: 13 Jul 2013 16:16
    URI: https://eprints.uns.ac.id/id/eprint/3059

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