Problems and Prospects of Mediation in the Justice System in Indonesia

Ramdani Wahyu Sururie, Oyo Sunaryo Mukhlas, Juhaya S. Praja, Dudang Gojali, Muhammad Burhanudin

2017

Abstract

Conceptually, mediation is believed to be one model of court settlement in a fast, cheap and beneficial way for both parties. However, based on the annual report released by the Religious Courts and the District Court in several major cities in Indonesia, the success rate of mediation is still low, while cases that fail to be mediated are still high, resulting in conflict in the Court. This study aims to describe and evaluate the root of the problem of mediation success and failure in the Court, and efforts that have been made by the Courts in order to improve the success of mediation and examine the future of mediation within the judicial system in Indonesia. The research method used was formative evaluation method. The results of this study concluded that the success and failure of mediation in court was caused by the disputing parties, advocates, mediators and means. Efforts that are being made to improve the success of mediation are the provision of rewards for mediators, improving the mediation regulation in the form of Supreme Court rulings along with their technical guidance, appointing the court as a mediation pilot project, conducting mediator training for judges and for prospective judges, building cooperation with BP4 (an advisory board that guides and preserves marriage); and the prospect of mediation as an alternative to dispute resolution in court which still gives hope in light of the changing success rate of each year's mediation from each court. Thus, this study reinforces the theory of law enforcement that the mediating and supporting elements of mediation in court are caused by four elements, namely, elements of regulation, disputants, mediators, and infrastructure and facilities.

Paper Citation

in Harvard Style

Sururie R., Mukhlas O., Praja J., Gojali D. and Burhanudin M. (2017). Problems and Prospects of Mediation in the Justice System in Indonesia.In 2nd International Conference on Sociology Education - Volume 1: ICSE, ISBN 978-989-758-316-2, pages 591-596. DOI: 10.5220/0007102505910596

in Bibtex Style

@conference{icse17,
author={Ramdani Wahyu Sururie and Oyo Sunaryo Mukhlas and Juhaya S. Praja and Dudang Gojali and Muhammad Burhanudin},
title={Problems and Prospects of Mediation in the Justice System in Indonesia},
booktitle={2nd International Conference on Sociology Education - Volume 1: ICSE,},
year={2017},
pages={591-596},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007102505910596},
isbn={978-989-758-316-2},
}

in EndNote Style

TY - CONF

JO - 2nd International Conference on Sociology Education - Volume 1: ICSE,
TI - Problems and Prospects of Mediation in the Justice System in Indonesia
SN - 978-989-758-316-2
AU - Sururie R.
AU - Mukhlas O.
AU - Praja J.
AU - Gojali D.
AU - Burhanudin M.
PY - 2017
SP - 591
EP - 596
DO - 10.5220/0007102505910596