PENYELESAIAN SENGKETA TERHADAP HAK MILIK ATAS TANAH MELALUI MEDIASI PADA PENGADILAN NEGERI PEKANBARU

Abstract

Mediasi is a form of dispute settlement which brought together both sides that there is a difference of
understanding adn involving third parties for finding a solution or a way out of the problems faced. Mediasi
this is where two sides can voice opinions of each of the problems that exist and is excepted that the peace
between the two sides. The dispute over property rights
This type of research can be classified in this type of research sociological (empiris), where is the
research of sociologists (empiris), which is in an effort saw the influence of the law positively to the lives of
ordinary people, because in this study author immediately embarked on a study on the location or place,
which in order ti provide a comprehensive and clear about the problem investigated. The research was
carried out in the District Court of First Class IA, Pekanbaru, while the population and the sample is a
whole the parties with regards to the problem, which in this study, the sources of data used, the primary,
secondary, tertiary, techniques of collecting data in this study with interviews and review literature.
From the results of this study can be concluced that the District Courtof First Class IA is not mediate
in accordance with the PERMA that applies. This is evidenced by not requred to his parties concerning to
follow the mediation, while in PERMA No. 1 Year 2008 on the procedure of Mediation in the Court requires
the parties to participate in mediation. The factors in the opposite direction of mediation and that is the lack
of good faith of the parties and legal counsel. The failure of mediation is due to the judges mediators, the
lack of socialization of mediation and the number of judges mediators.