Pelaksanaan Peraturan Mahkamah Agung (PERMA) no. 1 tahun 2008 tentang prosedur Mediasi di pengadilan: Studi di Pengadilan Agama Kota Malang

ABSTRAK

Utilize to lessen heaping of case in Appellate Court as well as to finish case of among side, so the Appellate Court release new of PERMA that is PERMA No 1 year 2008 about procedure of Mediation in justice. seen the existence of new regulation which arrange process of mediation. the hence researcher interest to do research related to execution of PERMA, while which wish to be known that is : how role of justice chief in executing PERMA No 1 year 2008, and judge responds to PERMA No 1 year 2008 and how process of mediation in justice of religion in town of Malang for finishing case.

As for theory study used to present early from congeniality, basis for law either from al-qur'an, hadies and also legislation of arranging about mediation, formal condition in executing mediation come up with procedure of mediation which arranged in PERMA No 1 year 2008.

The research method which used in this research is by using approach qualitative. While method which used in collecting data that is with interview to chief of PA and all of judge mediator, as well as by using relevant documentation method for example judge list of mediator and the others.

The result of research got that role of justice chief is specifying all existing judge become mediator, reporting case which have finished. All judge basically very agree with the existence of this PERMA because can facilitate in finishing case either through time and also items which needed in finishing case. The Process mediation in justice that: first conference the judge ceremony ask to the parties do have owned mediation or not yet. Than judge ceremony deliver fully to mediator to become middle in finishing case. The process of mediation take place in meeting hall 1 and 2

From conclusion of this research, the researcher suggest as follows : to realize process of mediation which maximally, so as soon as MA make institute which train on how to become mediator, and also PA of Malang town to be immediately make special room for mediation in order not to bother conference process to unsuccessful case of mediation. After that the Chief of justice to be always observe process of mediation that goes on, for all of judge mediator to be really in mastering of psychological science to control psychological condition of the parties as well as can run its function better. In this case Faculty of syari'ah as law academician better apply to MA to make training of mediator to be collegiate increase many.