Tesis - MH
PELAKSANAAN MEDIASI PENYELESAIAN SENGKETA YANG BERHUBUNGAN DENGAN PERJANJIAN DI PENGADILAN NEGERI YOGYAKARTA BERDASARKAN PERSPEKTIF PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN
ABSTRACT
Mediation which is under Court is regulated by supreme court No. 1 of 2008. The regulation of supreme Court No. 1 of 2008 about the procedure of mediation in the Court was made for refining the previously regulation of mediation that was regulated in the regulation of supreme Court No. 2 of 2003, which is about procedure of mediation in the court. This thesis intends to know whether mediation that was commended by supreme Court of Republic of Indonesia written in the regulation of supreme Court No. 1 of 2008 about procedure of mediation in the court has been done in the state Court of Yogyakarta and any other things that give impacts whether to the succes or to the failure of mediation. The research was done in state Court of Yogyakarta which the objects of the research are judges in State Court of Yogyakarta, advocates in Yogyakarta, and any people who were involved in mediation. Method analysis of the data is qualitatif yuridical method, it means that there is only explanation in the analysis without statistic data. All data that were got from the interview and other data were analyzed by analysis qualitatif method for answering the research questions. The result is the implementation of mediation in state Court of Yogyakarta, such as applying general lawsuit reguires the authorities sign up the lawsuit to State Court of Yogyakarta and written register number by secretariat of State Court of Yogyakarta. After that, forwarded to the chairman of State Court of Yogyakarta, he determined session court, substitute clerks, and the judge. Things that influence succes and failure of mediation, are internal factor (factors from the authorities them selves), Then, external factors (factors from outside of the authorities) can be caused by incapability is mediator and advocate’s role that does not suppoprt the succes of mediation.
Key words: mediation, dispute completion, court.
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