In this article we will discuss mediation, including the definition and legal basis for mediation in Indonesia as well as whether the mediation dispute resolution process in court can be represented by a lawyer, and what the legal rules are in Indonesia. Mediation is a method of resolving disputes outside of court, where there is the involvement of a mediator as a neutral third person with the aim of mediating between the parties in dispute. The legal basis for mediation in the Republic of Indonesia is the following provisions:
Explanation of Article 3 of Law no. 4 of 2004 concerning Basic Provisions of Judicial Power, which states that settling cases outside of court, on the basis of peace or through referees is still permitted;
Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2008, which was later refined in Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court; And
Circular Letter of the Supreme Court of the Republic of Indonesia Number 1 of 2002 concerning Empowerment of Courts of First Instance to Implement Peaceful Institutions.
Can Mediation be Represented by Legal Counsel?
Based on the provisions of Article 18 numbers 3 and 4 jo. Article 27 number 3 of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016, means that legal representatives can represent the parties to the dispute in mediation in court. The provisions of Article 18 point 3 of the Supreme Court Regulations regulate when the parties can be represented, namely in the event that one of the parties to the conflict cannot attend the mediation process.
Terms and Conditions for Mediation with Representatives
Meanwhile, the requirements for legal representatives to be able to represent the parties are regulated in the provisions of Article 18 number 4 of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016, namely that legal representatives acting on behalf of the Parties are required to participate in the Mediation process in good faith and in a manner that does not conflict with the parties. others or their legal representatives. In other words, the conditions for Mediation to be carried out with representatives are:
Good faith from the legal representative to represent the parties;
Mediation procedures carried out by legal representatives must not conflict with the provisions of the Republic of Indonesia Supreme Court Regulation Number 1 of 2016;
The signing of a Peace Agreement can only be carried out if there is a written statement from the Parties containing approval of the agreement reached as regulated in the provisions of Article 27 point 3 of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016.
Closing
Mediation is a method of resolving civil disputes that can be carried out by parties in conflict both inside and outside the Court. My Law has a number of advocate partners who are experienced in resolving disputes through mediation mechanisms.
