Penyelesaian Sengketa Perdata Melalui Mediasi di Pengadilan Negeri Binjai

Abstract

The Supreme Court has imposed the Supreme Court Rule No. OJ of 2008 regarding Mediation Procedure in Court as a general standard to guide the implementation of the intensified mediation to litigants in court procedures. Mediation is able to be a concept to make it easier for the parties to the litigants in order to obtain mutual agreement and provide a justice that comes from the active conduct of the parties themselves and the things that are desired in the mediation process. The use of mediation institutions more profitable because the court quickly. Mechanisms mediating in the dispute resolution process in the courts also encourage peace efforts as the main solution by the warring parties. In this thesis will be discussed settlement of civil disputes through Mediation in the Court of Binjai. Site Selection of a study conducted Binjai considering the District Court had decided the case through court mediation. Also Binjai District Court judge who also has certified as a mediator of the Supreme Court. This research is a normative law. Legal research will study the application of Perma No. 1/ 2008 in the District Court Binjai The nature of this research is analytical descriptive research because the purpose of research to describe and analyze the problem and included in this type of library research (library research) that will be presented in descriptive. The result of this research show that the Perma No. 1/ 2008 in substance if applied consistently in compliance with the principle of settlement of disputes I lawsuits that are simple, rapid, and low cost I lightweight. Application of Mediation in the Court of post-discharge Binjai Perma No.1 of 2008 on Mediation Procedure Court based on data already collected, as optimal as possible effort goes according to the regulations, but the results are highly dependent on the parties themselves. Cases are managed to achieve peace through mediation in the District Court Binjai is still very minimal because most of the proceeds to the next trial. In this case the mediation procedure still run according to the provisions of Perma No. 1/ 2008, the problem was successful or not achieve peace can not be imposed to achieve it. This is not out of the goodwill of the parties usually come to court when the case can no longer be resolved amicably out of court.