Court Mediation Research Articles

MEDIASI YUDISIAL KE DALAM SISTEM PERADILAN PERDATA DI INDONESIA

Judicial mediation is an alternative method of dispute resolution that has been growing rapidly lately. Judicial mediation assigning judges as mediators has many advantages. The success of this mediation is expected to ease the task of the judge because with this mediation it means that the parties to the dispute have contributed to the implementation of the principle of fast, simple and low-cost justice. As for the background of the problem, how effective is the judicial mediation itself in the civil justice system and what are the obstacles during judicial mediation in civil courts. The purpose of writing this thesis is to find out the effectiveness of Judicial Mediation and the obstacles that occur in Civil Courts. 1 of 2002 concerning the Empowerment of Courts of First Instance to Implement Peaceful Institutions. Supreme Court Regulation (PERMA) Number 2 of 2003 concerning Mediation Procedures in Courts. PERMA Number 1 of 2008 concerning Mediation Procedures in Courts. PERMA Number 1 of 2016 concerning mediation procedures in court. The results of the study concluded that the effectiveness of the implementation of Judicial Mediation in Civil Courts is ineffective because of the small peace agreement in the implementation of mediation. This can be seen from the obstacles in reaching a peace agreement in the Judicial Mediation process in Civil Courts which are still low due to the fact that first the parties do not have good faith in mediation, the two mediator judges in court are still few, third the number of impartial advocates or lawyers to reconcile .

EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PURWODADI

<p>Initially, mediation was part of an alternative dispute resolution method in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Mediation is considered an effective tool for resolving disputes quickly and cheaply and can provide parties with better access to finding satisfactory solutions. In this research, we examine the effectiveness of mediation in resolving divorce cases at the Purwodadi Religious Court. This research aims to determine the level of success of mediation at the Purwodadi Religious Court, the inhibiting factors and efforts to resolve it. This research uses a normative juridical type of research. The research used descriptive and qualitative research which took place at the Purwodadi Religious Court. Data taken in the field was collected using observation, interview and note-taking techniques. The collected data is then processed using data reduction analysis, data presentation and concluding. Based on the results of research regarding the effectiveness of mediation in divorce cases at the Purwodadi Religious Court, this is following Supreme Court Regulation (PERMA) Number 1 of 2016 concerning procedures for mediation in court. The mediator had difficulty reconciling the parties due to several factors and considered mediation to be ineffective. Inhibiting factors include the absence of one of the parties, the strong desire of the parties to divorce, family disputes that can no longer be maintained, psychological or mental factors of disappointment (psychiatric), lack of knowledge of mediation between the parties, community compliance, lack of intention. Good. Efforts to resolve these include: Providing guidance and counselling, the parties are active/open to resolving the case, providing counselling on the importance of mediation, the mediator's abilities, mediation facilities and electronic mediation.</p>

Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court

This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This research aims to analyze the development and implementation of mediation in settlement of public disputes in Administrative Courts. The research method used is doctrinal research or library research with secondary data sources in the form of legislation on Administrative Courts, Supreme Court regulations on mediation, and scientific journals of research results. The results showed that mediation in public dispute resolution is used as an alternative to dispute resolution and has long been applied in several countries. Mediation in administrative dispute resolution can be carried out in two ways. First, mediation can be carried out outside the Administrative Court, and then the lawsuit is revoked. Second, mediation can be carried out through Court-connected mediation in the Administrative Court. There is a need to develop and strengthen the application of Court-connected mediation for administrative dispute resolution from the aspects of procedural law and Administrative Court resources that support the mediation process.

The Implementation of the Republic of Indonesian Supreme Court Regulation Number 3 of 2022 Concerning Electronic Mediation in Court: A Case Study

The current development and progress of communication and information technology has prompted the Lubuk Pakam District Court to change the mediation implementation system which was originally carried out manually to electronic mediation as regulated in Perma Number 3 of 2022.In the implementation of this electronic mediation, problems are still found, due to obstacles from inside or outside the court. This is what drives researchers to conduct research. Formulation of the problem of how to implement Perma and what are the obstacles and how to overcome obstacles in implementing this Perma. The purpose of this research is to find out the implementation of Perma and find out the obstacles and how to overcome these obstacles. The methodology in this study uses an empirical juridical approach where research is carried out directly through interviews with research objects in the field, then connected with secondary data. Results and discussion, Perma has been implemented at the Lubuk Pakam District Court, but not yet fully because there are obstacles such as online mediation carried out by agreement of the parties, there are no internet-based mediation facilities, the internet network is unstable, judge mobility high etc. Conclusion Perma has been implemented at the Lubuk Pakam District Court, but it has not been maximized, due to several obstacles.

Mediation for Misdemeanor Assault

ABSTRACT Crime reduction strategies over the past 30 years have greatly expanded the criminalization of a wide variety of minor offenses, especially in communities of color, even as violence continues to damage individuals, families, and communities. Solutions that reduce both violence and over-criminalization are urgently needed. Community-based mediation for diversion of misdemeanor assault cases has been practiced since the 1970s, but little is known about its ability to prevent further violence between participants or reduce assault recidivism. From a state judiciary’s quasi-experimental longitudinal comparison group study of criminal court mediation recidivism, assault cases (n = 162) were isolated and analyzed using bivariate tests and logistic regression with inverse proportion of treatment weighting. Misdemeanor assault cases handled with community-based mediation had a small and statistically non-significant association with return to court at 6 months versus cases handled with usual court processes. Had assaults between couples been excluded, recidivism for mediation cases would have been one-third the rate of those treated as usual. Mediation centers and local prosecutors’ offices could improve screening for intimate partner violence and divert more cases earlier via police and court commissioners. Research with a dependent variable of self-reported violence would be best suited to understanding the ability of community mediation to meet its founding mission of community-created peace.

Exploring Efficacy

The rising global divorce rate is reshaping the landscape of family dispute resolution, moving away from the adversarial or litigation system toward an alternative dispute resolution known as mediation. This global trend is also observed in Indonesia where the Supreme Court has mandated the use of mediation in civil cases. "Everybody wins, nobody loses" as the primary slogan of mediation emphasizes a win-win outcome for all parties involved, avoiding any losers. However, assessing its efficacy in handling divorce cases in Indonesia becomes crucial. This is mainly because the settlement rate has been discovered to be low in Indonesia since the mandatory implementation of court-annexed mediation for almost two decades compared to other countries such as Australia and the United States. In both countries, settlement is not only based on agreements but also on the process that satisfies the parties. Therefore, this study aims to examine the conceptual issues underlying the low effectiveness of divorce mediation by questioning agreements as a measure of divorce mediation effectiveness. This study uses the sociolegal framework to critique the Supreme Court Regulation 1/2016 regarding Mediation in court and its dynamics in divorce cases. Moreover, courtroom study is applied to observe the mediation process. The results showed that the success of mediation revolves around the number of agreements reached by the parties and the process did not focus on the characteristics of divorce cases, thereby considered not suitable for all cases. Furthermore, the court-annexed mediation regulation creates ambiguity between the use of marital mediation to reconcile the parties and divorce mediation to proceed post-divorce agreement or both.

Integration of Mediation in Divorce Cases Reviewed from Supreme Court Regulation on Court Mediation Procedures

The court as a law enforcement instrument has been implementing mediation since 2008. However, the success of mediation is still far from what was expected. This indicates that the integration of mediation in the court system has not been effective, especially related to divorce cases. The integration of mediation into court practice, on the one hand, aims to avoid the accumulation of cases and maximize the function of court institutions in resolving adjudicative disputes, but on the other hand, it increases the judges’ workload. Therefore, integrating mediation into court proceedings can be an instrument in reducing the divorce rate. This research uses an empirical normative approach in terms of Supreme Court Regulation Number 1 of 2016. The obtained data will be analyzed qualitatively. The research results indicate that the integration of mediation in divorce cases at the Gorontalo City and Regency Religious Courts has prioritized societal values, particularly deliberation to reach the best solution for the parties involved. However, this approach does not seem to align well with the social dynamics in Gorontalo City. This is because there are still several key factors that hinder achieving the best results through mediation. The failure to reach critical points in these deliberations results in a minimal success rate for mediation in resolving divorce cases, as evidenced by the relatively high number of divorce decisions. This is often due to the parties involved blaming each other and being unwilling to negotiate for a mutual agreement.

PENYELESAIAN SENGKETA KEWARISAN MELALUI MEDIASI: JALAN TERBAIK MENYELESAIKAN MASALAH

The division of inheritance does not always run smoothly. Many disputes occur between the heirs, both before and after the distribution of the inheritance. Disputes can be resolved by mediation, either out of court (non-litigation) or in court (litigation). Settlement of disputes over the division of inheritance by way of mediation is an alternative that can create a harmonious family atmosphere. Inheritance disputes can be resolved by mediation in court (litigation) because inheritance disputes are the absolute authority of the Religious Court. This research aims to find out the process of resolving inheritance disputes through the media. In this research using a qualitative method with a literature study approach, data is obtained from published studies and analyzed to obtain actual conclusions. The results showed that mediation provides many advantages for heirs compared to dispute resolution through the court. The advantages of the mediation process can strengthen the family relationship of the heirs and the dispute ends in a peaceful manner. The advantages that will be obtained, namely: First. Mediation can resolve disputes quickly, effectively and relatively cheaply compared to taking the dispute to court. Second. In the mediation process, the parties are not pressured by any party so that the outcome of the mediation is the agreement of the parties themselves. Third. Mediation produces an outcome that can end a dispute without causing hostility in the future.

The legal view of out of court mediation agreements becomes the object of Nebis in Idem in court

The principle of ne bis in idem in the procedural law of the Constitutional Court is found in Article 60 paragraph (1) the Constitutional Court Act, in the form of a prohibition to re-trial the previous norm been tested. Different from the Criminal Code and the Civil Code that determines the clear element ne bis in idem, Article 60 paragraph (1) contains only one element form of testing objects. This study addresses two issues: how characteristics of the principle of ne bis in idem, and what are its elements in the procedural law of the Constitutional Court? Normative juridical research methods used to understand the principle of ne bis in I mean, elitist. Adoption of the principle of ne bis in idem in MK procedural law resulted in a broad philosophical shift and did not result in his death the legal position of the applicant and the legality of the object that can be prosecute Based on the systematics of the decision, the Constitutional Court put the proposition ne bis in idem on Conclusion, so it is not a verdict amar. While the conclusion is part of the legal consideration contains an analysis of the subject matter of the case, so it is not possible to generalize the decisions of the court on the case ne bis in idem as a negative verdict. In the case of the bus, the law the constitutional court event is supported by several norms, but the Constitutional Court law contains only two elements in the form of an object of law and a subject-legal relations. While the elements the third form of legal developments found in the decision of the Constitutional Court. Because not disruption of the legal status of the applicant and the legality of the object that can these three elements are not accumulative, which is the element the development of law is more determinant than the other two elements. Aftermath actualization of constitutionality does not only occur through positive decisions grant the application of the applicant, but also occurs in the case being assessed nebis in idem. This study is a type of normative juridical research, namely the type of research by using the provisions of laws and doctrines or principles in the science of law.36 nature of this study is normative juridical is qualitative research that refers to legal norms contained in various laws and rulings court. The author connects the data with other data and analyzed based on the provisions of applicable law, then draw conclusion by deductive means that draw conclusions from things general to specific. Furthermore, the results of the analysis will the authors associate with the problems in this study to produce a objective research that answers the problems in the study. Specifications research conducted by the author is research descriptive analytical. Descriptive analytical research which means this study describe a particular object and explain things related to or describe systematically related facts or characteristics of the population certain in certain areas factually and carefully. Through research descriptive, researchers tried to describe the events and events that become Research Center without giving special treatment to the event. The findings of this paper are that there is a need to expand the meaning of the application of the Nebis in Idem principle as referred to in the Circular Letter of the Supreme Court of the Republic of Indonesia number 3 of 2022 concerning the handling of cases related to the Nebis in Idem principle by including a clause that "the object of a mediation peace agreement outside the court becomes part of the application of the Nebis in Idem principle so that the aquo object (which has been agreed outside the court through mediation) can no longer be used as an object for a lawsuit in court (expansion of the meaning of the application of the Nebis in Idem principle).

Efektivitas Mediasi terhadap Penyelesaian Perkara Perceraian di Pengadilan Agama

This research aims to find out clearly how effective mediation is in religious courts, whether implementing direct or virtual mediation, in handling divorce cases, and it can be concluded that direct mediation in religious courts is more effective than indirect (virtual) mediation. All civil cases must be resolved through a mediation process first, as well as cases in religious courts, even with technological developments. Perma No. 1 of 2016 which provides the option of mediation, which must be carried out in person, can carry out the mediation process indirectly (virtually) for parties who are unable to attend in person. The method used is a descriptive research method of analysis of mediation theory and its implementation in religious courts. This study found a number of findings that can provide significance for the development of knowledge in the field of religious court procedural law.

The Role of Judge Mediator in the Divorce Mediation Process at Masamba Religious Court North Luwu Regency

This research aims to explain and analyse the mediation process at the Masamba Religious Court in implementing the mediation procedure and to identify the position and duties of the Mediator in resolving divorce disputes at the Masamba Religious Court, North Luwu Regency. The type of research used is descriptive quantitative and qualitative research by collecting data in the form of numbers and also by interviewing mediator judges so that data analysis can be collected. The results showed that the implementation of mediation in the Masamba Religious Court was in accordance with the procedures as stated in Supreme Court Regulation Number 1 of 2016 concerning Mediation in Court, but the effectiveness of the implementation of mediation could still not be said to be optimal, considering that the mediation process that was carried out was only a little with a minimal success rate. While the supporting factors and inhibiting factors for the success of mediation in divorce cases at the Masamba Religious Court are still not effective, due to factors that cause the failure of the mediation process in achieving peace in the jurisdiction of the Masamba Religious Court, including: First, the parties are not in good faith. Second, The conflict between the parties has been protracted and has become increasingly complicated. Third, the Competence of the Judge as a Mediator.

The Implementation of Consensual Tenet in Modern Civil Procedure: Comparative Analysis of Court-Connected Settlement Procedures Applied in Austria, Lithuania, and Ukraine

Background: In this article, the co-authors continue exploring the observable changes in the orientation of civil procedure, moving from competitive and adversarial models towards more cooperative and consensual approaches. Specifically, this work aims to disclose the peculiarities of practically implementing the principles of mutual cooperation and consensuality in civil procedure. The research delves into court-connected settlement procedures in three European countries: Austria, Lithuania, and Ukraine. Through a comparative analysis of the legal regulations and practices in the selected countries, the article evaluates the impact of the application of settlement-oriented procedures on fostering a more amicable resolution of civil disputes. Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning the legal framework of settlement-oriented procedures applied in the civil process in selected countries. This work is the continuation of the previous research of the co-authors, aiming to explore how the identified global trend of the drift towards a consensual tenet in the civil procedure was reflected in the selected countries’ legal legislation and practice. The Austrian, Lithuanian, and Ukrainian legal frameworks of court-connected settlement-oriented procedures were compared to acknowledge the existing variety and specifics of national approaches towards consensuality in the civil procedure in different jurisdictions. Results and Conclusions: The ideas of a more socially oriented and consensual civil procedure are implemented in the civil procedure of Austria, Lithuania, and Ukraine through the introduction of settlement-oriented methods of dispute resolution, such as court conciliation and court mediation. Despite the wide common understanding of these amicable procedures, essential differences in the theoretical understanding of the concept and its implementation in the analysed jurisdiction were identified. This research assists dispute resolution practitioners and researchers interested in better understanding the implementation of court-connected settlement-oriented procedures in different jurisdictions.

Criminal Law Enforcement of Book Copyright Infringement in Digital Market Places in The Ecosystem E-Commerce Through Restorative Justice

Criminal law enforcement against book copyright infringement in Indonesia is still weak and has not ensured legal certainty in its protection. Justice for copyright holders is still not achieved in a restorative manner, due to not updated copyright rules in accordance with the development of digital markets in the marketplace. The purpose of this study is to analyze criminal law enforcement, legal protection and restorative justice against copyright infringement of books on Digital Market Place in Indonesia. This research method uses normative juridical type with descriptive analysis approach and empirical comparison. The results showed that criminal law enforcement against copyright infringement of books on Digital Market Place in Indonesia is categorized in the criminal 'complaint offense' which is carried out through the initial stages of receiving complaints on copyright infringement followed up with mediation in settlement efforts, and if no settlement is found then the next stage is resolved in the judicial process through case examination, investigation and investigation, the process of interception of digital evidence and its handling up to the judicial process. Legal protection of book copyright on Digital Market Place from the perspective of law enforcement is done through efforts to protect the regulatory aspects of copyright automatically copyright holders, recording system / registration of exclusive rights; moral rights and economic rights, guidance systems and internal supervision preventively through socialization of education and respressively through monitoring the market place, as well as external supervision in customs through cooperation beacukai in tackling the sale of goods that violate copyright. Restorative Justice efforts in criminal law enforcement against copyright infringement of books on Digital Market Place is done by dispute resolution through mediation and arbitration in the commercial court. Conceptually, Restorative Justice is designed in the future with the concept of fair restitution in the recovery of repairs for damage to copyright morally and recovery of compensation for the loss of economic rights materially. As the findings of this study the concept of restitution in restorative justice is very relevant to be developed in the future in the global copyright rules along with the development of E-Commerce in the digital market.

OPTIMIZING MEDIATION AS AN EFFORT TO SETTLE MARITAL DISPUTES IN COURT

This study discusses the Optimization of Mediation in the Resolution of Marriage Disputes in Court. Marriage is an essential event in human life as a legal and religious act. Along the household's journey as husband and wife, it is not uncommon for differences of opinion or principles between husband and wife to occur, which end up threatening the integrity of a marriage. Mediation as one of the Alternative Dispute Resolution (ADR) is seen as a humanist and equitable way of resolving disputes. Humanist because the decision-making mechanism (peace agreement) is the authority of the parties to the dispute and maintains good relations. Fair because each party negotiates options for resolving the problem. Divorce cases in religious courts are first required to be mediated; Mediation is carried out to resolve problems to reconcile the husband and wife. This study uses a normative juridical research method using a statutory approach that focuses on optimizing Mediation in the Resolution of Marriage Disputes in Court. The result of this study is that the optimization of Mediation in court cannot be separated in several ways, namely the Supreme Court, as part of law enforcement, which issued PERMA No. 1 of 2016 concerning mediation procedures in court, is the right step in resolving disputes, especially marital disputes. In addition, the role of competent mediators, cooperative parties, and reasonable legal culture.
 Keywords : Optimization, Mediation, Marriage Dispute

Comparing the Court Mediation in Hungary and the State of Indiana in the Midwest

In Hungary, court mediation has been used in criminal cases since 2007, during which it is possible for the offender and the victim of a crime to come to an agreement on their own case with the help of a facilitator and resolve their conflicts together, thus avoiding the traditional criminal justice procedure and its consequences. In the United States of America, state of Indiana, this process is called mediation, during which the parties involved can communicate with each other with the help of a third, neutral party about how they can jointly repair the harms caused by the conflict. The purpose of the article is to analyse the legal framework and practical application of court mediation in Hungary and mediation in the state of Indiana, highlighting the similarities and differences that may arise by comparing the nature of the cases, the qualifications of the mediators, and the parties taking part in the process.

Effective and Efficient Dispute Resolution Through Optimation of Court Connected Mediation

The judiciary is a mechanism provided by the state to resolve disputes. However in practice, dispute resolution in court is not in accordance with the principles of justice, namely effective and efficient judicial institutions. This research aims to analyze the legality and development of mediation in court. The research method used is library research with secondary data sources in the form of laws and regulations, research results and literature. One of the progressive ideas of the Supreme Court of the Republic of Indonesia in order to realize effective and efficient courts, among others, is to strengthen the institution of mediation in the Court for the settlement of civil disputes. However, it seems that the efforts of the Supreme Court institutions need to be further refined through improving the quality and quantity of human resources, improving supporting infrastructure and court institutions are consistent in supporting the mediation development programs in the Court.

Penyelesaian Sengketa Kewarisan Melalui Mediasi: Jalan Terbaik Menyelesaikan Masalah

Penyelesaian Sengketa Kewarisan Melalui Mediasi: Jalan Terbaik Menyelesaikan Masalah

Court Mediation as a Means of Access to Justice and a Prerequisite for the Development of Private Mediation

Today, due to the diversity of public relations, the problem with overloading courts is stated all over the world. For the effectiveness of justice, countries are introducing alternative means of dispute resolution and promoting development. A number of substantive and procedural advantages of alternative mechanisms to resolve disputes are recognized in practice and theory.
 The aim of the paper is to share the experience of foreign countries with Georgian readers, including critical opinions which is essential for the proper promotion of alternative mechanisms to resolve disputes and develop legal policy in this field. The paper briefly reviews the main problems of dispute resolution by judicial and non-judicial methods, and the introduction of the institution of preliminary conciliation is proposed as a solution.

More Recommendations for Improving Court Mediation, With a Focus on Best Practices for Preparation

Last month, author John Lande offered three steps that could help improve the court mediation experience. See “Getting Ready for Mediation Sessions: Recommendations for Federal District Court Websites and Local Rules,” 41 Alternatives 119 (September 2023) (available at https://bit.ly/3Z5wtYP). He suggested that courts use dispute system design processes to maintain their ADR policies; offer clear, easily accessible information about mediation (and provided three sample court informational forms), and require attorneys to consult with their clients and counterparts about use of mediation. Here are five more.

The Role of Mediation in Civil Case Settlement Banyuwangi Court

It is clear from the research and analysis that the Banyuwangi District Court's procedure for settling Civil Case No. 12 / Pdt.G / 2018 / PN. Byw went through three stages and was in compliance with PERMA No. 01 of 2008 concerning Mediation Procedures in Courts. The Pre-Mediation Stage, Mediation Process Stage, and Post-Mediation Stage are some of these stages. In Civil Case No. 12/Pdt.G/2018/PN. A violation of contract and an illegal act formed the basis of the complaint. At the first trial in this civil action, the court attempted to mediate a settlement for the parties, and the mediation's conclusion was mutually agreed upon, stated, and affirmed in the judgment and stipulation of the Deed of Peace No.12/Pdt.G/2018/PN.Byw.