Legal Binding of Deed of Settlement Resulted from Court Annexed Mediation in Ternate District’S Court

Abstract

Civil dispute settlement through mediation in term of deed of settlement in the way of the court is subject to the rules and procedure as stipulated in the Supreme Court Decree (hereinafter referred to PERMA) No. 1 of 2008 on Mediation Procedures.  Deed of settlement has executorial power. If one party does not obey (default) the decision of the settlement, the other party has right to request to the court to execute the desicion. The legal binding of the deed of settlement is similar to article 1858 (1) of the Civil Code and article 130 (2) HIR.

Keywords: Deed of Settlement, Mediation, Ternate District’s Court