PROPOSAL WAKAI SECARA EX-OFFICIO DAN IMPLEMENTASINYA DALAM MEDIASI BERDASARKAN PERMA NOMOR 1 TAHUN 2016

Abstract

Court mediation procedures in Indonesia are regulated in the Regulation of the Supreme Court (PERMA) of the Republic of Indonesia Number 1 of 2016 (Perma Nomor 01 Tahun 2016). If we compare it with other countries, such as Japan, even since the 1980s the concept of mediation has been popular among the people regarding how to resolve disputes by wakai. If viewed philosophically, the concept of mediation in Indonesia and wakai in Japan must have the same principle, because the value is the same, namely peace. This study aims to provide an overview of integrating the civil law judicial mediation process in Indonesia which is heavily influenced by the wakai system in Japan. The unification was carried out due to the reduced pile of cases in Japan caused by the implementation of the wakai system. However, the author also wants to show that the wakai proposal can also be implemented in the practice of Mediation based on Perma Number 1 of 2016. This research is a normative juridical research with library research method which includes research on legal principles and comparative law research. The approach used in this research is a statutory approach and a conceptual approach. The results of this study indicate that Perma Number 1 of 2016 which is applied to the State of Indonesia with wakai used in Japan materially, has similarities. However, formally or in practice there are some differences, especially regarding the status of the mediator. Several things from the practice of implementing wakai proposals that are considered suitable and in accordance with the character of Indonesia and do not conflict with the provisions of Perma Number 1 of 2016 are related to the practice of ex-officio mediators in formulating wakai proposals in assisting parties in formulating peace agreements.