PERANAN HAKIM SEBAGAI MEDIATOR DALAM PENYELESAIAN PERKARA WANPRESTASI PERJANJIAN KERJASAMA INVESTASI USAHA PENYEDIAAN PASIR MELALUI MEDIASI DI PENGADILAN NEGERI MALANG KELAS IA

Putri, Ni'matul Fauziyah Salsabila Alfiani Putri (2025) PERANAN HAKIM SEBAGAI MEDIATOR DALAM PENYELESAIAN PERKARA WANPRESTASI PERJANJIAN KERJASAMA INVESTASI USAHA PENYEDIAAN PASIR MELALUI MEDIASI DI PENGADILAN NEGERI MALANG KELAS IA. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Mediation is a method of dispute resolution through a negotiation process assisted by a mediator to achieve a peaceful agreement between the parties. In the Indonesian legal system, mediation has become an integral part of the civil court system as an effort to resolve disputes prior to litigation, which often consumes considerable time and costs. This thesis analyzes the role of judges as mediators in resolving default disputes in land investment cooperation agreements for mountain sand supply through mediation at the Malang District Court Class IA. The research also aims to identify the obstacles encountered and the efforts made by judges as mediators in resolving such cases. This study employs an empirical legal research method with structural and conflict approaches. The data used consist of primary data obtained directly from interviews and observations at the Malang District Court Class IA, as well as secondary data derived from primary legal materials, secondary legal materials, and non-legal materials. The research findings indicate that the role of judges as mediators at the Malang District Court Class IA is crucial in achieving peaceful dispute resolution. This is evident from the case study of Case No. 149/Pdt.G/2024/PN Mlg, where mediation facilitated by the judge did not succeed in reaching a peaceful agreement and was therefore continued to trial. The obstacles faced in the mediation process include a lack of legal awareness and good faith from the parties. To address these issues, judges endeavor to encourage open discussions, apply empathetic communication, and utilize the professional competence of certified mediators.

Item Type:

Thesis (Undergraduate)

Contributors: