Mediasi sebagai Alternatif Penyelesaian Sengketa Perdata di Pengadilan (Analisis Putusan No. 52/ Pdt.G/ 2015/ Pn. Rap)

Abstract

Peace is the most gentle answer as well as a win-win solution, the existence of the basic law of mediation in Indonesia as an alternative to the dispute resolution outside the court can be seen in Article 130 HIR and Article 154 RBG which has set up a peace institution which then judges shall first reconcile the parties before the case is reviewed, as described in Article 130 HIR / 154 RBG and PERMA Number. 01 of 2008 on Mediation Procedures in Courts. The formulation of the problem is how the rules of mediation law as an alternative to the settlement of civil disputes in the Court, how the implementation and mechanism in the selection of Mediators at the District Court Rantauprapat and how the results of mediation on civil cases Number.52 / Pdt.G / 2015 / PN.Rap generated from the mediation process, the aim is to know and simultaneously find the law of mediation as an alternative to civil disputes settlement in the Court and to know the implementation and mechanism of the selection of Mediator in Rantauprapat District Court and analysis the decision of civil case Number.52 / Pdt.G / 2015 / PN.Rap resulting from the mediation process. The method used in this research is normative law supported by field study, then the principal data in this study is primary data. Data collection in this research is done by library research and assisted with empirical data. Data analysis of primary data was done by qualitative analysis. The results of this study indicate that the law of mediation as an alternative to the settlement of civil disputes in the Court is described in Article 130 HIR / 154 RBg, also SEMA Number 1 of 2002 on the empowerment of peace institutions in Article 130 HIR / 154 RBG, and PERMA Number 1 of 2008 as amended with PERMA Number. 1 year 2016 on Court Mediation Procedures and Article 6 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Settlement. The result of mediation of the parties has found the peace agreement on civil case Number 52 / Pdt.G // 2015 / PN-RAP mediation resulted peace agreement of the parties hence must be formulated in writing and signed by the parties and Mediator, peace agreement addressed to judges panel to be reinforced in the form of a "Deed of Peace" and shall be made in a decision which has permanent legal force (inkrac van dewijk), dated 06 October 2015 which has been signed by the parties to the dispute.