根据2016年最高法院第1号条例,州法院通过调解解决民事案件的前景

Sufmi Dasco Ahmad
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Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. 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摘要

在地区法院审查民事案件(诉讼)的过程,如在一级贝尔万隆地区法院,是通过几个阶段进行的,即从行政程序到审判/审判程序前的审查,其中一个是在审判开始时进行的和平事件(调解),其程序目前在最高法院2016年第1号关于法院调解程序的规定中进行。撤销并宣布2008年第1号法令,该法令的实施被认为是无效的。基于本文研究的背景和问题,本文的研究目标如下:根据最高法院2016年第1号《关于法院调解程序的规定》,了解和分析贝尔万隆地方法院通过调解解决民事案件的过程,以及根据最高法院2016年第1号《关于法院调解程序的规定》,贝尔万隆地方法院通过调解解决民事案件的前景。本研究找到了答案,即:根据2016年最高法院关于法院调解程序的第1号条例,贝尔万隆地方法院通过调解解决民事案件的过程得到了最佳执行。但是,通过调解解决案件的效果并不理想,如果法官、调解员和辩护人能够激励和鼓励当事人通过调解友好解决案件,以加速案件的解决,那么根据最高法院2016年第1号关于法院调解程序的规定,贝尔万隆地方法院通过调解解决民事案件具有良好的前景。根据研究结果,笔者提出以下建议:根据2016年《最高法院关于法院调解程序的第1号规定》,在地方法院实施民事案件调解,其结果更为理想,其中之一是需要一名具有倾听、提问、观察、访谈、辩护和谈判能力的高度诚信和公正的调解员;有必要将2016年第1号最高法院条例密集地社会化到法律专业的所有要素,以更好地理解PERMA的目标。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PROSPECTS FOR SETTLEMENT OF CIVIL CASES THROUGH MEDIATION IN STATE COURTS BASED ON REGULATION OF THE SUPREME COURT NUMBER 1 OF 2016
The process of examining civil cases (lawsuits) in District Courts, such as at the Class IA Bale Bandung District Court is carried out through several stages, namely from the administrative process, to the examination in front of the trial/trial proceedings, one of which is a peace event (mediation), which carried out at the beginning of the trial, the procedure for which is currently regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, which revokes and declares that Perma Number 1 of 2008, whose implementation is considered ineffective. Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This study finds answers, namely that: the process of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has been carried out optimally, but the results of case settlement through mediation have not been achieved optimally and settlement of civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has good prospects, if judges, mediators, and advocates are able to motivate and encourage litigants to settle the case amicably through mediation in order to accelerate the settlement of the case. In connection with the results of the study, the authors submit the following suggestions: In order for the implementation of the settlement of civil cases through mediation in the District Court based on the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the results are more optimal, one of which is the need for a mediator who has high integrity and impartiality supported by the ability to listen, ask questions, observe, interview, counsel and negotiate; and it is necessary to socialize the Regulation of the Supreme Court Number 1 of 2016 intensively to all elements of the legal profession to better understand the objectives of the PERMA.
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