Mediation in Commercial Courst as equal Protection between Debtors and Creditors

Abstract

Mediation as a way of dispute resolution through negotiation process to achieve agreement of the parties assisted by mediator. It is considered as a form of dispute resolution that can meet the parties’ wishes, reducing the time and cost. It wants a dispute was resolved through the peace of the parties as outlined in the agreement. Moving from the weakness of peace as contained in Act No. 37/2004, then the mediation empowerment in the Commercial Court as a breakthrough and steps taken to create an equal protection between debtors and creditors (especially prospective debtors). The empowerment of mediation in the Commercial Court is in line with the policy direction and strategy of legal development contained in Presidential Regulation No. 2/2015, especially civil law enforcement, namely the resolution of civil cases is performed by encouraging the optimization of mediation process in court and simplification of civil procedure is expected to encourage the efficiency of civil resolution and give positive contribution to the improvement of national economy