JURIDICAL ANALYSIS OF MEDIATION IN THE SETTLEMENT OF DEFAULT REVIEWED FROM SUPREME COURT REGULATION NUMBER 1 OF 2016 AT THE SINGARAJA DISTRICT COURT

Abstrak

This research aims to find out (1) how the process of resolving mediation in default cases post PERMA Number 1 of 2016. (2) How effective mediation is in default cases post PERMA Number 1 of 2016 at the Singaraja District Court. The type of research used in this writing is normative legal research, normative legal research, namely research carried out by examining a system of laws and regulations that apply or are used in a particular legal problem. Not only legislation but also data collection with this type of normative research can use other library materials. Normative legal research functions to provide juridical arguments when there is a vacuum, ambiguity and conflict of norms, so that legal research plays a role in maintaining critical aspects of legal science as a sui generis normative science. There is no need to doubt the commitment of the Supreme Court of the Republic of Indonesia regarding the policy of implementing mediation for resolving disputes or civil cases in the courts of first instance, this can be clearly seen through several changes or revisions to the Perma concerning Mediation Procedures in Courts. The latest change is Perma Number 1 of 2016 concerning Mediation Procedures in Court. This commitment to implementing mediation is not only related to the interests and obligations of judges to provide a sense of peace for the disputing parties, but also provides practical needs in terms of implementing the principles of justice that are fast, low cost and simple, as well as to reduce the buildup of cases at the cassation and cassation levels. judicial review.