STUDI KOMPARASI INDONESIA DAN MALAYSIA TERKAIT PROSEDUR MEDIASI SECARA ELEKTRONIK DI PENGADILAN

This thesis discusses Electronic Mediation based on Supreme Court
Regulation Number 3 of 2022, where Mediation is one of the dispute resolution processes that must be carried out before the lawsuit reading stage in civil court. Mediation upholds voluntary, confidential, effective, safe and affordable access. In this thesis, the discussion is divided into three. First, a discussion of the development of Mediation in Indonesia and its regulations. Second, regarding Electronic Mediation as regulated in PERMA Number 3 of 2022 and its
comparison with Electronic Mediation carried out in Malaysia. Third, discussion of the principles of Mediation that must be fulfilled by the Court. This research uses a juridical-normative method, where research data comes from literature studies and related laws. The results of this research state that the Mediation process is experiencing development in Indonesia, both in terms of procedures
and implementation, leading to the development of Electronic Mediation. In comparison with Malaysia, which first implemented electronic mediation, courts in Indonesia are still far behind in its implementation. PERMA Number 3 of 2022 already regulates the principles that must be applied, but there are no rules that specifically regulate the technicalities that must be prepared by the Parties or the Court.