Efektivitas Mediasi Dalam Perkara Wanprestasi Utang Piutang Di Pengadilan Negeri Magetan

Safitri, Aulia Arifany (2026) Efektivitas Mediasi Dalam Perkara Wanprestasi Utang Piutang Di Pengadilan Negeri Magetan. Undergraduate thesis, UPN Veteran Jawa Timur.

	Text (COVER) 22071010164_COVER.pdf Download (1MB)
	Text (BAB I) 22071010164_BAB I.pdf Download (523kB)
	Text (BAB II) 22071010164_BAB II.pdf Restricted to Repository staff only until 22 June 2029. Download (516kB)
	Text (BAB III) 22071010164_BAB III.pdf Restricted to Repository staff only until 22 June 2029. Download (214kB)
	Text (BAB IV) 22071010164_BAB IV.pdf Download (18kB)
	Text (DAFTAR PUSTAKA) 22071010164_DAFTAR PUSTAKA.pdf Download (224kB)
	Text (LAMPIRAN) 22071010164_LAMPIRAN.pdf Restricted to Repository staff only until 22 June 2029. Download (3MB)

Abstract

This study aims to analyze the effectiveness of mediation in resolving debt and credit breach cases at the Magetan District Court and to identify obstacles and solutions in its implementation. The research method used is an empirical legal study with an approach based on sociology of law and legislation. Primary data were obtained through interviews with judge-mediators at the Magetan District Court, while secondary data were obtained through a literature review. The results of the study indicate that the implementation of mediation in debt default cases at the Magetan District Court has been carried out in accordance with the provisions of Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Courts. The success rate of mediated breach-of-contract cases during the 2023–2025 period has not been effective: out of 63 mediated breach-of-contract cases, 13 cases were successful (21%), while 50 cases failed (79%). Specifically, among the 10 debt collection breach of contract cases, only 1 was successful (10%), while 9 failed (90%). The mediation failures in these breach of contract and debt collection cases proceeded to the trial phase. Efforts made to improve effectiveness include strengthening the role of mediators through constructive communication and persuasive approaches, conducting electronic mediation via e-Court, explaining the contents of the agreement to the parties, verifying the legal status of collateral, and presenting other evidence and witnesses who are familiar with the creditor-debtor relationship. This study recommends the need to improve the quality of mediators’ competencies and to conduct intensive public outreach regarding the benefits of mediation in order to achieve a judicial system that is simple, swift, and affordable. Keywords: Effectiveness of Mediation; Breach of Contract; Debts and Credits.

Item Type:

Thesis (Undergraduate)

Contributors: