EFEKTIVITAS PERAN MEDIATOR DALAM PENYELESAIAN SENGKETA PERDATA DI PENGADILAN: Studi Putusan Nomor 131/Pdt.G/2024/PN JKT.Sel

Abstract

This study examines the effectiveness of the mediator’s role in resolving civil disputes within the court system, with a particular focus on Decision Number 131/Pdt.G/2024/PN JKT.Sel. Mediation, as a mandatory stage in civil proceedings in Indonesia, is intended to provide a faster, more efficient, and mutually beneficial dispute resolution mechanism compared to litigation. However, its practical effectiveness often varies depending on several factors, including the competence of the mediator, the willingness of the parties, and the complexity of the dispute. This research employs a normative juridical method supported by a case study approach, analyzing legal provisions and court decisions related to mediation practices. The findings indicate that while the mediator plays a crucial role in facilitating communication and encouraging settlement between disputing parties, the success of mediation is not solely determined by the mediator’s performance. Instead, it is significantly influenced by the good faith of the parties and their commitment to reaching an agreement. Furthermore, the study reveals that in the examined case, mediation did not achieve a settlement, reflecting ongoing challenges in the implementation of court-annexed mediation. These challenges highlight the need for improving mediator capacity, strengthening procedural enforcement, and fostering a more cooperative legal culture among litigants. Therefore, enhancing the effectiveness of mediation requires not only institutional support but also active participation and good faith from all parties involved.