THE IDEA OF REQUIRING MEDIATION OUTSIDE OF COURT IN REALIZING SIMPLE PRINCIPLES, FAST AND LOW COST 1st Mustakim, 2nd Mas Subagyo Eko Prasetyo 3rd Alma Rifana Salsabila.
1st Universitas Nasional, 2nd Universitas Nasional, 3rd Universitas Nasional
Abstract
Regulation of the Supreme Court of the Republic of Indonesia (PERMA RI) Number 1 of 2016 concerning Mediation Procedures in Court requires judges and the parties or their attorneys to mediate in court. The fact that the implementation of mediation in court is not running optimally. In addition, mediation in court is a form of repeating the mediation process, in which almost all problems before filing a lawsuit to the court have mediated outside the court and the judge always reminds and gives the parties the opportunity to reconcile as long as there is no court decision that has permanent legal force. 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 research is normative with a philosophical, conceptual, and statutory approach. 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.
Keywords: Mediation Out of Court, Electronic Mediation, Judicial Powers.
Topic: Law on Business, Business Competition, and Prohibition of Monopoly
