The Idea of Requiring Mediation Outside of Court in Realizing Simple Principles, Fast and Low Cost

DOI

10.2991/978-2-38476-180-7_112How to use a DOI?

Keywords

Mediation Out of Court; Electronic Mediation; Judicial Powers

Abstract

It is mandatory for judges, parties, or their attorneys to mediate cases in court according to Supreme Court of the Republic of Indonesia Regulation (PERMA RI) Number 1 of 2016 about Mediation Procedures in Court. The reality that court-based mediation is not operating at peak efficiency. Furthermore, courtroom mediation is essentially a rerun of the out-of-court mediation process, in which nearly all issues prior to bringing a lawsuit have been resolved through mediation; the judge consistently reminds the parties of this and provides them with the chance to work things out as long as no binding judgment is rendered by the court. The problem in this study is whether the concept of requiring outside mediation in court is a condition for being able to file a lawsuit in court according to the principles and principles of dispute resolution? and how to arrange the implementation of mediation obligations outside of court as a condition for being able to file a lawsuit in court. This study takes a philosophical, intellectual, and legal approach to its normative research. The results of the study can be explained that requiring mediation outside the court before submitting a lawsuit to court can utilize mediators who are certified and registered with mediation institutions by using electronic devices can realize a simple, fast and low-cost settlement according to the mandate of Law Number 48 of 2009 Concerning Judicial Power and amendments to the Supreme Court Rules by including mediation outside the court as a mandatory stage and a condition for filing a lawsuit in court.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Mustakim Mustakim
AU  - Mas Subagyo Eko Prasetyo
AU  - Alma Rifana Salsabila
PY  - 2023
DA  - 2023/12/31
TI  - The Idea of Requiring Mediation Outside of Court in Realizing Simple Principles, Fast and Low Cost
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1106
EP  - 1114
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_112
DO  - 10.2991/978-2-38476-180-7_112
ID  - Mustakim2023
ER  -