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All Journal Business Economic, Communication, and Social Sciences Journal (BECOSS)
Maksum, Muhammad Amir
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Industrial & Manufacturing Engineering

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Analysis of the Mediator's Role in Resolving Default Cases: A Case Study of Loan Agreements Secured by Land Title Certificates Maksum, Muhammad Amir; Shebubakar, Arina Novizas; Rifai, Anis
Business Economic, Communication, and Social Sciences Journal (BECOSS) Vol. 7 No. 3 (2025): BECOSS (In Press)
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/becossjournal.v7i3.13578

Abstract

This study examines the effectiveness of mediation in resolving breach of contract disputes arising from loan agreements secured by land title certificates. The primary focus of this research is to analyze the impact of mediation on both disputing parties and to identify the legal implications of the mediation outcomes. The methodology employed is a normative legal approach, supported by descriptive-analytical analysis of primary data in the form of legal regulations concerning mediation and default cases, as well as secondary data obtained from journals, books, and recent legal articles. The findings indicate that mediation is an effective alternative dispute resolution method, as it reduces costs, time, and the potential for damaged relationships between the parties. Furthermore, the role of the mediator as a neutral party is proven to be crucial in fostering a conducive atmosphere and assisting the parties in reaching a fair agreement. However, the effectiveness of mediation can be hindered by the public's lack of understanding of mediation procedures and the limited skills of mediators. Therefore, this study recommends improving the quality of mediators through continuous training and enhancing public legal awareness so that mediation can become the primary option for resolving breach of contract disputes.
Co-Authors Anis Rifai Shebubakar, Arina Novizas