The mediation process lasts a maximum of 30 days from the date of the order to mediate. Based on the agreement of the Parties, the mediation period may be extended for a maximum of 30 days. The request for an extension of the mediation time is made by the mediator accompanied by reasons. This mediation time arrangement is shorter with the provisions contained in Perma No. 1 of 2008 which regulates the mediation schedule for 40 days. However, the extension of time for mediation on the agreement of the parties is even longer, namely 30 days while in Perma No. 1 of 2008 it is only 14 days. Perma No. 1 of 2016 article 7 regulates the obligation to carry out mediation in good faith. The parties involved in the mediation process must have good faith so that with good faith the mediation process can be carried out and run well. Not present in the mediation process despite being called twice in a row. Attended the first mediation meeting, but subsequently did not attend even though he had been summoned twice in a row. Do not attend repeatedly so that it interferes with the mediation schedule. Not submitting or not responding to case resumes. Not signing the peace agreement. The implementation of mediation in the presence of parties who do not have good intentions, has a legal impact on the case examination process.
39;s report holds a trial and issues a decision.
1. The legal consequences of the Plaintiff who did not have good intentions1. 2. Plaintiffs are also required to pay mediation fees. 3. The mediator stated that the Plaintiff did not have good faith in the mediation report accompanied by recommendations for sanctions and the amount. 4. The Case Examining Judge based on the mediator's report holds a trial and issues a decision. 5. The cost of mediation as a sanction is taken from the down payment or separate payment by the Plaintiff and submitted to the Defendant. 6. The Legal Consequences of the Defendant Not Having Good Intentions1. Defendants who do not have good intentions are subject to payment of mediation fees. 2. The mediator stated that the Defendant did not have good faith in the mediation report accompanied by a recommendation for sanctions and their amount. 3. The Case Examining Judge, based on the mediator's report, before proceeding with the examination of the case, issues a decision regarding not having good faith and punishes the Defendant to pay. 4. Payment of mediation fees by the Defendant follows the implementation of a decision that has permanent legal force. 5. Payments from the Defendants are submitted to the Plaintiffs through the Registrar's Office. In Perma No. 1 of 2016, the imposition of mediation fees is stated in detail and clearly. In contrast to Perma No. 1 of 2008 which only mentions mediation costs in general. Mediation costs are costs incurred in the mediation process as part of court costs, which include the costs of summoning the Parties, travel costs based on real expenses, meeting costs, expert fees, and others. The use of judge mediators and court officials is free of charge.
Editor …………………………………………………… Rp …
The cost of summoning the Parties to attend the mediation process is borne by the Plaintiff in advance through the down payment of court fees. If the mediation is successful, the costs of the summons shall be borne jointly or based on the agreement of the Parties. Editor …………………………………………………… Rp … Stamp …………………………………………………….. Rp … ATK for trial ………………………………………… Rp … Amount of Downpayment for Case Fees …………………………….. This mandatory mediation is mediation held on the day of the trial where the parties are present based on the official and proper summons and before the examination of the main case is carried out. In the mandatory mediation process, each component involved has duties and functions to make the mediation successful. On the day of the hearing that has been determined and attended by the Parties, the Case Examining Judge obliges the Parties to go through mediation.
Explain the position and role of the mediator who is neutral and does not make decisions.
The Case Examining Judge is obliged to explain the mediation procedure to the Parties. Definition and benefits of mediation. The obligation of the Parties to attend the mediation meeting directly follows the legal consequences of not having good faith in the mediation process. Costs that may arise due to the use of non-judge and non-judicial mediators. The choice of following up the peace agreement is a deed of peace or the revocation of the lawsuit. Obligations of the Parties to sign the mediation explanation form. 1. The parties have received an explanation1. The Parties have understood the explanation. Submit a copy of the stipulation of the presiding judge of the Investigating Panel on the Order to Mediate and the Appointment of the Mediator to the appointed Mediator at the first opportunity. Coordinate with the Mediator regarding the determination of the mediation schedule and stages. Introduce themselves and provide an opportunity for the Parties to introduce themselves. Explain the purpose, objective and nature of mediation to the Parties. Explain the position and role of the mediator who is neutral and does not make decisions. Assist the Parties in making and formulating peace agreements.
The mediator reports the success of the mediation with the peace agreement.
Submit a mediation report to the Case Examining Judge. The Legal Counsel is obliged to assist the Parties in the mediation process. Help formulate a peace agreement. The summons of the parties for mediation is carried out by the bailiff or substitute bailiff on the power of the case examining judge. The power of attorney is given by law. No need for power of attorney. There is no need for an instrument of summons from the Case Examining Judge. Carry out the order of the Mediator to make summons to the Parties. Submit a summons report (relaas) to the mediator. In carrying out the mandatory mediation process, the mediator is not fixated on the contents of the posita and petitum of the lawsuit. Negotiation material in mediation is not limited to the posita and petitum of the lawsuit. Upon the agreement of the Parties, the mediator may present experts, community leaders, religious leaders and traditional leaders in the mediation process. If the mediation is successful, the Parties with the help of the mediator formulate a written peace agreement. The Peace Agreement is signed by the Parties and the mediator. 1. Contrary to law, public order, and decency. 2. Harming third parties. 3. Cannot be implemented. If the mediation is represented by a Legal Counsel, the Reconciliation Agreement is signed after a written statement of approval from the Parties. The Peace Agreement can be strengthened by a Peace Deed or the revocation of the lawsuit. The mediator reports the success of the mediation with the peace agreement. The Case Examining Judge will study the Peace Agreement for a maximum of 2 days. If it does not meet the conditions, the Peace Agreement is returned to the mediator for repairs within a maximum of 7 days. 2. In the event that the Mediation process reaches an agreement between the plaintiff and some of the defendants, the plaintiff changes the lawsuit by no longer proposing the defendant who does not reach an agreement as the opposing party. 3. Partial Reconciliation Agreement between the parties as referred to in paragraph (1) is drawn up and signed by the plaintiff with some of the defendants who reached an agreement and the Mediator.
6. In the event that the plaintiff is more than one party and some of the plaintiffs reach an agreement with some or all of the defendants, but some of the plaintiffs who do not reach an agreement are not willing to change the lawsuit, the Mediation is declared unsuccessful. 7. Partial Reconciliation Agreement between the parties as referred to in paragraph (1) cannot be made at the voluntary reconciliation stage at the case examination stage and at the level of appeal, cassation, or judicial review. 1. In the event that the Parties reach an agreement on part of the entire object of the case or lawsuit, the Mediator shall submit the Partial Reconciliation Agreement with due observance of the provisions of Article 27 paragraph (2) to the Case Examining Judge as an attachment to the Mediator's report. 2. The Case Examining Judge shall continue to examine the object of the case or legal claim which has not been successfully agreed upon by the Parties. 3. In the event that the Mediation reaches a partial agreement on the object of the case or legal claim, the Case Examining Judge is obliged to include the Partial Reconciliation Agreement in the consideration and decision.
4. Partial Reconciliation Agreement as referred to in paragraph (1), paragraph (2) and paragraph (3) shall apply to voluntary reconciliation at the stage of case examination and at the level of legal remedies for appeal, cassation, or review. 1. For mediation of divorce cases in the religious court environment where divorce demands are combined with other demands, if the Parties do not reach an agreement to live in harmony again, the Mediation shall be continued with other demands. 2. In the event that the Parties reach agreement on other demands as referred to in paragraph (1), the agreement is set forth in a Partial Reconciliation Agreement by containing a clause relating to the divorce case. 3. Partial Reconciliation Agreement on other claims as referred to in paragraph (2) can only be implemented if the decision of the Case Examining Judge granting the divorce suit has permanent legal force. 4. Partial Reconciliation Agreement on other claims as referred to in paragraph (2) shall not apply if the Case Examining Judge rejects the lawsuit or the Parties are willing to reconcile during the case examination process. 1. The mediator must declare that the Mediation failed to reach an agreement and notify it in writing to the Case Examining Judge, in the event that: 1. 2. The parties are declared to have no good faith as referred to in Article 7 paragraph (2) letter d and letter e. 1. The mediator must declare that Mediation cannot be carried out and notify it in writing to the Case Examining Judge, in the event that: 1. 3. to be included as a party in the lawsuit in the event that the litigants have more than one legal subject and are present at the trial, but have never been present in the Mediation process. As long as the examination of the case after the mandatory mediation is unsuccessful, the Parties may apply for reconciliation.
- Understand the coverage
- History of kidney stones or surgery on the bladder
- Certificate of birth from the Representative of the Republic of Indonesia
- Open the browser on your smartphone or PC
- Chemical peels
1. Upon the request, the Case Examining Judge appoints one of the Case Examining Judges as mediator. 3. Voluntary Mediation at the Legal Effort Stage1. As long as the case has not been decided at the level of Appeal, Cassation and Review of the Parties based on the agreement, the parties may seek reconciliation. 2. The results of the agreement are submitted in writing to the Chief Justice of the Court to be submitted to the Case Examining Judge at the Appeal, Cassation, or Review level. 3. The agreement must override the pre-existing Decision. 4. The Case Examining Judge at the Appeal, Cassation and Review level decides based on the agreement. From the description of the administrative pattern above, it can be seen that each component in the judiciary has duties and obligations in carrying out the mediation process. Make reports on the implementation of mediation on a regular basis and submit it to the Supreme Court through the High Court. Record the data of the mediator in the Court in the register of mediators. Record mediation process data from the appointment of the mediator to the end of the mediation process.