IMPLEMENTASI PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 2 TAHUN 2016

Abstract

The purpose of this study is to analyze and evaluate the effectiveness of the
position and function of mediation institutions in the Indonesian legal system,
especially in resolving civil disputes and to find out and analyze the effectiveness
of mediation decisions and the inhibiting factors of the passage of these decisions.
This type of juridical sociological research. The nature of the research is
descriptive. The data analysis technique used descriptive qualitative analysis.
The results of the study indicate that mediation is one way to pursue justice
in a simple and institutionalized form that is accommodated by the legislation,
namely Article 60 of Law no. 48 of 2009 concerning Judicial Power and Supreme
Court Regulation Number 1 of 2016 concerning Mediation Procedures. The
position of mediation is an alternative dispute resolution. The obstacle in the
mediation process is that it can only be carried out effectively if the parties have
the will or desire to resolve the dispute by consensus, if only one of the opposing
parties does not have the same desire for mediation then mediation will never
occurs and if it is implemented it does not work effectively. This is especially the
case if the use of mediation is voluntary.
Keywords: implementation, supreme court regulations, mediation