PELAKSANAAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2003 TENTANG PROSEDUR MEDIASI DI PENGADILAN DALAM PERKARA PERDATA (Studi di Pengadilan Negeri Malang)

HANDAYANI, DEWI (2007) PELAKSANAAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2003 TENTANG PROSEDUR MEDIASI DI PENGADILAN DALAM PERKARA PERDATA (Studi di Pengadilan Negeri Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

That effect of more and more cases him which by all searcher of justice of finished through mechanism of litigastion or pass Justice band, hence resulting also new problem in Justice, that is existence of heaping of case. And Justice by society seen as institute of is solving of dispute of is single. This matter because of society see that Justice represent law institution able to create a rule of law and justice. But its fact still many verdict product which digressing from justice grounds, quickly and have cheap expense to. Therefore, to pull back the problems, hence very needed by is alternative model of is solving of extrajudical dispute by way of non litigasi. And Appellate Court apply a peaceful institute become one of the reconditional policy of jurisdiction. Research Obyek at the same time become the problem of this research is execution of regulation of Appellate Court Number 2 Year 2003 about procedure of mediasi in Justice in civil dispute? Form legal force result of mediasi which do not use mediator? While method the used is descriptive qualitative namely an analysis by using way of collecting obtained data and explain boldly and is clear, so that later will be able to be pulled by an conclusion of existing problems. Method intake of data by visiting is direct of research place related to problems lifted by writer. The data obtained is direct the than Judge Civil , Fiscal clerk Civil and staff part of Register Fiscal Clerk Civil of Unlucky District Court, that is data concerning execution of procedure of mediasi in District Court of Malang of year 2006 and 2007, and later then can be taken by an conclusion. Pursuant to result of research which is writer do, that result of which is obtained that is execution of PERMA Number 2 Year 2003 about procedure of mediasi this not yet effective executed by in District Court of Malang. This Matter is seen from amount of civil dispute which enter in the year 2006 which in its entirety amount to 155 case. Taken as sampel that is 31( threety one) case, and from 31 ( threety one) the case there's only 5 ( a success case lima) have result of agreement to make peace. And the rest that is 26 ( twenty six) case cannot finished by way of making peace. While in the year 2007 amount of civil dispute which enter that is amounting to 76 ( seventy six) case. And from 76 ( seventy six) which [is] taken [to] become sampel only 8 (case eight). And there's only 1 ( case one ) that is case with number 34/Pdt.G/2007/PN.MLG case of wanprestasi which solving of it’s case of finished pass procedure of mediasi and other fail. In execution of this peace effort is not at all use procedure of mediasi using mediator as its mediator. Become, in practice that happened this PERMA not yet walked and do not walk effectively. While legal force result of mediasi which do not use mediator is to have legal force which remain to compared to justice decision which have with power of law remain to, have strength of eksekutorial, so that cannot raise to compare and kasasi, as well as having strength of perfect verification and fasten and also cannot be litigated again. But in this case if result of agreement of the peace confirmed by in Justice. And if agreement of made by peace is the parties do not be confirmed by in Justice, hence result of its legal force that is only in the form of agreement of habit or which in comparing to agreement of act underhand which at one's feet of rule of Section 1338 KUHPERDATA. Conclusion of which can pulled by is that execution of PERMA Number 2 Year 2003 which is executed in District Court of Malang fully do not walk effectively, because disagree with rule of PERMA hence better this is abstracted it just PERMA. And this matter can be proved with many the parties him which is its case to finished pass peace effort do not use procedure of mediasi.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Zainul Afandi
Date Deposited: 04 Jun 2012 07:45
Last Modified: 04 Jun 2012 07:45
URI: http://eprints.umm.ac.id/id/eprint/6541

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