Policy Review Dispute Settlement Through The Mediation Mechanism Within Court and Outside Court

Abstract

One of the important principles in court proceedings is that court proceedings are conducted in a simple, fast and low cost manner. In civil law, such terms are defined in article 130 HIR/154 RBg which requires judges to try to reconcile the parties before the hearing case. The Supreme Court of the Republic of Indonesia published Supreme Court rules Number 1 year 2016 regarding Mediation Procedure in court that aims to empower the courts of first instance as peace institutions as well as to overcome the accumulation of cases in the Supreme Court. The results of this study showed that the performance of judges to run the mediator function is very low, Lack of success of the mediation related to no judge mediator certified by the state court, especially in the regions, the lack of mediation infrastructure, the lack of incentives and career paths that can support the motivation of judges to perform the function of mediators, and support from the parties in the mediation process is weak