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PENYELESAIAN SENGKETA MEDIASI DITINJAU DARI PERSPEKTIF PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2016 Nadila Salim; Devi Siti Hamzah Marpaung
JUSTITIA : Jurnal Ilmu Hukum dan Humaniora Vol 9, No 2 (2022): JUSTITIA : Jurnal Ilmu Hukum dan Humaniora
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.724 KB) | DOI: 10.31604/justitia.v9i2.1063-1072

Abstract

Dispute resolution can be carried out through a litigation process or a non- Dispute resolution can be carried out by means of a litigation process or a non-litigation process. Dispute resolution by means of the litigation process is the process of resolving disputes through the courts. Meanwhile, non-litigation settlement is a dispute resolution process carried out outside the court which often occurs with alternative dispute resolution. There are various ways of resolving non-litigation disputes, especially what will be discussed in this paper is dispute resolution through Mediation. Mediation provisions are regulated in the Republic of Indonesia Court Regulation Number 1 of 2016 Mediation Procedures in Court (Furthermore, it will be carried out with PERMA No. 1 of 2016) which is a substitute for Supreme Court Regulation Number 1 of 2008. . If not through the mediation procedure, the dispute resolution violates the provisions of Article 130 HIR and or 154 Rbg which results in the decision being null and void.
PENYELESAIAN SENGKETA MEDIASI DITINJAU DARI PERSPEKTIF PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2016 Nadila Salim; Devi Siti Hamzah Marpaung
JUSTITIA : Jurnal Ilmu Hukum dan Humaniora Vol 9, No 2 (2022): JUSTITIA : Jurnal Ilmu Hukum dan Humaniora
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/justitia.v9i2.1063-1072

Abstract

Dispute resolution can be carried out through a litigation process or a non- Dispute resolution can be carried out by means of a litigation process or a non-litigation process. Dispute resolution by means of the litigation process is the process of resolving disputes through the courts. Meanwhile, non-litigation settlement is a dispute resolution process carried out outside the court which often occurs with alternative dispute resolution. There are various ways of resolving non-litigation disputes, especially what will be discussed in this paper is dispute resolution through Mediation. Mediation provisions are regulated in the Republic of Indonesia Court Regulation Number 1 of 2016 Mediation Procedures in Court (Furthermore, it will be carried out with PERMA No. 1 of 2016) which is a substitute for Supreme Court Regulation Number 1 of 2008. . If not through the mediation procedure, the dispute resolution violates the provisions of Article 130 HIR and or 154 Rbg which results in the decision being null and void.