E-Mediation in E-Litigation Stages in Court

Abstract

Peace is one of the means to reach an agreement between two disputing parties without being influenced by the other party. In Indonesia's procedural law, the regulations governing peace are regulated in the provisions of article 130 HIR / article 154 RBg. The Supreme Court of the Republic of Indonesia empowers and optimizes peace in court by integrating mediation into court procedures (court connected mediation). On September 11, 2003 the Supreme Court issued a regulation named Supreme Court Regulation No.2 of 2003, revised by Supreme Court Regulation No.1 of 2008 and finally by Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Courts. As the implementation of the vision of the Supreme Court, namely towards a supreme and modern court, the issuance of Supreme Court Regulation No.3 of 2018 concerning Administration Cases in Electronically Held Court and Supreme Court Regulation No.1 of 2019 Concerning Case Administration and Trials in Electronically Held Court. The problem is that there was no change in the mediation procedures as in Supreme Court Regulation No.1 of 2016; the implementation was still carried out in the Court building with the presence of the parties in front of the mediator. This study describes the optimization of peace by means of electronic mediation, thus the parties or advocates do not need to be present at the Court building but submit bids and agreements through electronic means.

Keywords : Mediation, Electronic Mediation, Online Mediation

DOI: 10.7176/JLPG/108-08

Publication date: April 30^th 2021