PENYELESAIAN PERKARA PERDATA MELALUI MEDIASI (STUDI KASUS PERKARA PERDATA NOMOR 72/Pdt.G/2023/PN Plg DI PENGADILAN NEGERI KELAS 1A KHUSUS PALEMBANG)

BAMBANG SUGENG RIYADI, NIM. 91223030 (2025) PENYELESAIAN PERKARA PERDATA MELALUI MEDIASI (STUDI KASUS PERKARA PERDATA NOMOR 72/Pdt.G/2023/PN Plg DI PENGADILAN NEGERI KELAS 1A KHUSUS PALEMBANG). Masters thesis, Universitas muhammadiyah palembang.

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Abstract

ABSTRACT THE RESOLUTION OF CIVIL CASES THROUGH MEDIATION (CASE STUDY OF CIVIL CASE NUMBER 72/Pdt.G/2023/PN Plg AT THE PALEMBANG CLASS 1A DISTRICT COURT) By BAMBANG SUGENG RIYADI The problem formulation in this study are: 1) How is the resolution of civil cases through mediation (Case Study of Civil Case Number 72/Pdt.G/2023/PN Plg at the Palembang Class 1A District Court)? and 2) What are the factors influencing the plaintiff's and defendant's decisions to accept or reject mediation in Civil Case Number 72/Pdt.G/2023/PN Plg at the Palembang Class 1A District Court? The research method used is normative research with a qualitative approach. The primary data in this study are secondary data. Based on the research findings, it shows that: 1) The resolution of civil cases through mediation (Case Study of Civil Case Number 72/Pdt.G/2023/PN Plg at the Palembang Class 1A District Court) shows that despite the potential and willingness to resolve the dispute peacefully, challenges faced, including differences in family perspectives and lack of understanding about the mediation process, became obstacles. However, the plaintiff's success in withdrawing the lawsuit led to a settlement through litigation, which resulted in a court decision granting the entire plaintiff's claim. The court ruled that the defendant's actions were proven to violate the law and awarded immaterial damages of IDR 100,000,000 to the plaintiff. This decision provides legal certainty and justice for the plaintiff who felt harmed. 2) The factors influencing the plaintiff's and defendant's decisions to accept or reject mediation in Civil Case Number 72/Pdt.G/2023/PN Plg at the Palembang Class 1A District Court include Legal Factors, where the decision to reject mediation in this case was largely influenced by legal certainty and the ownership status; Law Enforcement Officials, where the roles of judges and mediators, including the competence and credibility of the mediator, played a role; Infrastructure Factors, where limitations in facilities and logistical support for the mediation process in the court were noted; Social Factors, where the public tends to resolve conflicts in a more formal way through the court, considering it more legitimate and having legal force; and Cultural Factors, where a culture that emphasizes individual property rights or legal position strength may make mediation seem less effective.

Item Type: Thesis (Masters)
Additional Information: Pembimbing 1. Prof, Dr. Holijah, S.H,. M.H. 2. Dr. Mulyadi Tanzili, S.H,. M.H.
Uncontrolled Keywords: resolution, civil case, mediation
Subjects: Ilmu Hukum > Hukum Perdata
Divisions: Program Pasca Sarjana > Hukum (S2)
Depositing User: Perpustakaan umpalembang
Date Deposited: 28 Jul 2025 04:14
Last Modified: 28 Jul 2025 04:14
URI: http://repository.um-palembang.ac.id/id/eprint/32635

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