Kholidaziah, Kholidaziah
Dosen Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Zainul Hasan Probolinggo

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Kewajiban Mediasi Sebagai Upaya Perdamaian di Pengadilan: Tinjauan Normatif atas Pasal 6 uu no. 30 tahun 1999 dan Perma Mediasi Ulfa Hidayatul Hasaniyah; Agung Choirul Muzaky; Kholidazia el Hamzah Fathullah
Reglementary : Journal Of Law Vol. 1 No. 1 (2026): Juli 2026
Publisher : LPPM STIH ZAINUL HASAN KRAKSAAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/rjol.v1i1.218

Abstract

Mediation as an instrument for peaceful dispute resolution has undergone significant transformation in the Indonesian judicial system. Article 6 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution recognizes mediation as an alternative form of out-of-court dispute resolution, while the Supreme Court Regulation (PERMA) concerning Mediation Procedures in Court integrates the obligation of mediation into civil procedural law. This article analyzes the obligation of mediation as a peace effort in court through a normative review of Article 6 of Law Number 30 of 1999 and the PERMA Mediation, with a focus on synchronization, implementation, obstacles, and the dynamics surrounding it. This research uses a normative juridical method with a statutory, conceptual, and comparative approach. The results of the study indicate that although normatively the obligation of mediation has been comprehensively regulated, its implementation still faces various obstacles, including the low success rate of mediation in general courts, the limited number of certified mediators, and challenges to the good faith of the parties. The introduction of Supreme Court Regulation No. 3 of 2022 concerning Electronic Mediation in Court is an adaptive response to modern dynamics, but it also presents new challenges in its implementation. Regulatory strengthening, mediator capacity building, and a shift in societal paradigms are needed to optimize mediation as a peacemaking effort in court.