ANALISIS YURIDIS UPAYA MEDIASI OLEH JAKSA PENGACARA NEGARA DALAM PENYELESAIAN PERKARA PERDATA

Abstract

v>Mediation is a forum used by prosecutorial agencies in carrying out their duties as well asacting as state attorneys who are given special powers to resolve cases both civil andadministrative in nature. So it is interesting to conduct a study on: (1) How are the Regulationsor Provisions on Mediation According to Law in Indonesia? (2) What are the limits of authorityin conducting mediation and mediation proceedings conducted by the prosecutor as the state'sattorney in the settlement of civil cases? (3) What will be the efforts to resolve mediation bythe state's attorney in the future?. Using a normative juridical method approach, the author findsthat Mediation is regulated in a law No. 30 of 1999 concerning Arbitration and AlternativeDispute Resolution which in its arrangement constructs mediation only as part of the arbitrationprocess. In fact, mediation is one type of alternative dispute resolution whose characteristicsare different from arbitration. The attorney as the state's attorney acts as a mediator and has theobligation to help resolve the parties' disputes through the negotiation process by identifyingthe problem and encouraging the parties' own agreement to be reached. In the future, stateattorneys are expected to be socialized regularly and continuously so that local governmentsbetter understand the functionality of JPN and it is also hoped that JPNs will be equipped withmediator certification to further improve their expertise for state prosecutors.