EFEKTIVITAS MEDIASI DALAM PERKARA WANPRESTASI DI PENGADILAN NEGERI BANGKINANG

Abstract

One of the peace efforts that can be carried out by third parties in helping to resolve civil
matters, especially default both inside and outside the court, is mediasai, mediation is basically
negotiations involving third parties who have expertise on effective mediation procedures, can
help in conflict situations to coordinate their activities so that they are more effective in the
process of bargaining, as stipulated in the Supreme Court Regulation Number 1 of 2016
concerning Procedures for Mediation in Courts, in the settlement of civil disputes through
mediation there are several stages based on mediation procedures in the court, namely the premediation
stage, the mediation stage, the final stage of the mediation result implementation.
In fact, in the Kampar District Court the mediation remained the most way out in
resolving default cases in the Kampar District Court, but in reality mediation had not been able
to reduce the failure rate in resolving the default cases, the factors of the parties, the factor of
the mediator judge, the number of mediators, the cost factor for the mediator profession.
This study aims to determine the effectiveness of the mediation applied in the Kampar
District Court in a default case in the Kampar District Court. The type of research used is
empirical juridical research, with sample selection. The data studied included primary data
and secondary data, then analyzed qualitatively. This research was conducted in the Kampar
District Court. Population and sample are all parties related to the problems examined in this
study, the data sources used are primary data, secondary data, and tertiary data. Data
collection techniques in this study are interviews, questionnaires and literature studies. From
the results of the study showed that mediation effectiveness shows the number of failures with
various factors or constraints such as case factors, parties' factors and mediator factors. The
mediation has also not been able to reduce the number of failures in resolving default cases
and overcoming cases that have accumulated in the Court.
Keywords: Effectiveness - Mediation - Default - District Court