Penerapan Mediasi dalam Penyelesaian Sengketa Perdata di Pengadilan Negeri Yogyakarta Tahun 2012-2013: Studi Peraturan Mahkamah Agung Nomor 1 Tahun 2008

Abstract

One of the problems faced by the judiciary in Indonesia that there is a large
numbers of buildup cases. On the other hand, the community, especially those who’s
seeking for justice want these problems can be solved immediately. For this reason the
Supreme Court issued PERMA No. 1 Tahun 2008 about Mediation Procedures in
Court. The integration of mediation into the court proceedings expected to be one of the
effective instruments to address the buildup of the case. The Yogyakarta State Court as
one of the first instance court in Indonesia should always seek mediation as a means of
settlement of civil disputes. This is consistent with PERMA No. 1 Tahun 2008
about Mediation Procedures in Court which require mediation before proceedings. From
the available data the percentage of successful mediation in Yogyakarta state Court in
2012 and 2013 which is about 4.26% and 1.91% respectively of 164 and 157 civil
cases were entered. This research is a field research, which examines the application of
mediation in resolving civil disputes in Yogyakarta State Court Year 2012-2013
according to PERMA No. 1 Tahun 2008 and the constraints in its implementation.
To answer these problems the authors use juridical empirical approach in which the
Legislation relating to these issues serves as the reference material for research. Then all
the data is analyzed by descriptive-analytic.