Tinjauan Hukum Mengenai Pelaksanaan Upaya Damai Melalui Mediasi Dalam Penyelesaian Sengketa Hukum Perdata Yang Diajukan Ke Pengadilan

Abstract

Mediation is one way to resolve disputes peacefully by means of deliberation to reach a consensus outside the court. In resolving civil legal disputes through the general court, the parties must comply with all provisions of positive formal law and positive civil law. The general court is an institution that implements judicial power and is a dispute resolution mechanism in Indonesia that uses positive formal law. The Supreme Court, as an institution that has the authority to organize dispute resolution using formal law through the court, also stipulates regulations regarding mediation. Even based on the Regulation of the Supreme Court of the Republic of Indonesia, the implementation of Mediation is recognized as an effort to achieve just peace and must even be implemented before and during the implementation of legal dispute resolution through the court. That in order to find out the provisions and legal regulations regarding mediation, and to find out what the provisions and legal regulations are for implementing mediation in court, the author then conducted a scientific discussion entitled, "Legal Review Regarding the Obligation of Peaceful Efforts Through Mediation in the Settlement of Civil Legal Disputes Submitted to the Court".