PENERAPAN ASAS PERADILAN CEPAT, MURAH DAN SEDERHANA DALAM PERATURAN MAHKAMAH AGUNG NO 2 TAHUN 2003 TENTANG PROSEDUR MEDIASI DI PENGADILAN(Studi di Pengadilan Negeri Tulungagung)

RISMIATI , RISA (2008) PENERAPAN ASAS PERADILAN CEPAT, MURAH DAN SEDERHANA DALAM PERATURAN MAHKAMAH AGUNG NO 2 TAHUN 2003 TENTANG PROSEDUR MEDIASI DI PENGADILAN(Studi di Pengadilan Negeri Tulungagung). Other thesis, University of Muhammadiyah Malang.

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Abstract

Process jurisdiction of civil dispute started with entry of suing till execution of circumlocutary decision and twined by verbiage is legal effort circle which non stop. Start from legal effort of verzet, compare, sighting and kasasi return. After justice decision have had definitive strength or with power of law remain to, execute blocked again with legal effort of verset good of party of verset and of derden verset. As there no back part finally, solving of case can eat time tens of year. Mediasi represent one of the quicker process, cheaper, and modestly, and also can give to access to the parties which is have dispute to obtain;get satisfying solution or justice, of dispute faced. Institusionalisasi process mediasi in system of judicature can strengthen and maximize function institute justice in solving of dispute beside litigation having the character of to break and ajudikatif Leave from the description above, researcher wish to know implementation and substansi of mediasi which is arranged in Regulation of Appellate Court of No 2 Year 2003 About Procedure of Mediasi In Justice utilize to realize jurisdiction ground quickly, simple and cheap. In this research, researcher use method research of sosiologis yuridis by using subyek research of Judge, Vice Chairman Fiscal clerk and Lawyer which have become power of hokum plaintiff and sued by in district court of Tulungagung. Intake of data pass/through observation, bundles documentation and interview, while data analysis the used is analysis qualitative. Result of research of writer which have indicate that Perma No 2 Year 2003 this have arranged in detail procedure of[is solving of with mediasi swiftly, simple and cheap effectively and is efficient. However in its implementation of execution of ground quickly, simple and cheap far from expectation. The mentioned because of existence of perception of society and all lawyer to Perma No 2 Year 2003 and culture punish society. Society in this case the lawsuits not yet / less is recognizing of excess of mediasi representing process which quickly, modestly and cheap to finish dispute. Society more is recognizing is solving of dispute having the character of ajudikatif compared to mediasi. The parties or all lawyer becoming the parties power listen carefully that process of mediasi which by Perma given by duration 30 that day kill time. Familiarity concept have discoloured, there no humility to is to forgiving each other and both of the same confessing is its mistake. The parties more is placing forward of contention to fight over its case victory with all way of which impinge ethics and law By ending this research him/ it of researcher suggestion able to submit among others All judge have to dedicate and also seriousness in instruct mediasi to the parties. Therefore if the parties and also its law power refuse, do not judge instruction merespon and do not chosen mediator when which have been determined, properly judge do not express that mediasi fail. In the case of like this, judge is obliged to show mediator to assist the parties do/conduct mediasi. Besides needing there is communications punish about existence of institute of mediasi alternatively the solving of dispute. Society sense of justice which like this can meminimalisir the happening of jurisdiction mafia which is on in this time very is concerning. proper suggestion to be paid attention is to complete regulation about mediasi. Obligation of this judge and the parties to do/conduct mediasi have to be arranged in Code/Law. Because Perma only fastening institutes below/under Appellate Court. Become the parties do not is obliged to bow and execute Perma. If arranged in Code/Law hence rule of mediasi represent the source of judge obligatory procedure of civil law and society specially the parties and all lawyer.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Depositing User: Anggit Aldila
Date Deposited: 23 Apr 2012 05:47
Last Modified: 23 Apr 2012 05:47
URI: http://eprints.umm.ac.id/id/eprint/2735

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