IMPLIKASI PERATURAN MAHKAMAH AGUNG NOMER 1 TAHUN 2008 TERHADAP PENUMPUKAN PERKARA (Studi Empiris Di Pengadilan Daerah Istimewa Yogyakarta)

Suhardana, Fx IMPLIKASI PERATURAN MAHKAMAH AGUNG NOMER 1 TAHUN 2008 TERHADAP PENUMPUKAN PERKARA (Studi Empiris Di Pengadilan Daerah Istimewa Yogyakarta). [Research]

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Abstract

The aime of this research is to study why mediation in a court gets so many rejections, its is relatively small the success rate of this mediation although they many revision on regulation, judicial system have carried out by government. Mediation can not solve problems of soo many unhandled cases in the Court. Even mediation is rooted in Indonesian`s culture and it`s implementation of the phylosophiecal bases of our state and constitution, but it doesn’t have”real power” especially to face parties who refuse it. This is non- doctrinal research (empirical), and in form of diagnostic and evaluative reason with based on the legal concept : law is the manifestation of the symbolic meanings of social behavior as seen in the interaction between them. The approach used is legislation approach, historical law approach, and comparative law approach. The data used are primary data in form of behavior of society member, and the secondary data fixed compraise primary, secondary and tertiary legal material. The data analysed is carryout by using deduction and qualitative methods. The research result indicats: The rule of mediation procedure (PERMA NO 1 TH 2008 ) is an implementation of the cultural value and phylocophiecal bases of this state, but the implementation of the rule in the court impact can not solve problems of soo many unhandled cases in the court, even mediation get so many rejection such a condition is caused by the fact that mediation in court still faces both in internal and external handicape ( obstacle ). In the effort to make mediation in court more succesfull, the Suppreme Court expands training mediation opportunities for judge, and mediation in the Court have applied consequenly and consistanly, and the last but not least is the socialization of mediation must be continued.

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