Mediation in Commercial Courst as equal Protection between Debtors and Creditors

Mulyani Zulaeha

Abstract


Mediation as a way of dispute resolution through negotiation process to
achieve agreement of the parties assisted by mediator. It is considered as a form of
dispute resolution that can meet the parties’ wishes, reducing the time and cost. It wants
a dispute was resolved through the peace of the parties as outlined in the agreement.
Moving from the weakness of peace as contained in Act No. 37/2004, then the
mediation empowerment in the Commercial Court as a breakthrough and steps taken
to create an equal protection between debtors and creditors (especially prospective
debtors). The empowerment of mediation in the Commercial Court is in line with
the policy direction and strategy of legal development contained in Presidential
Regulation No. 2/2015, especially civil law enforcement, namely the resolution of
civil cases is performed by encouraging the optimization of mediation process in court
and simplification of civil procedure is expected to encourage the efficiency of civil
resolution and give positive contribution to the improvement of national economy

 


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DOI: http://dx.doi.org/10.32801/lamlaj.v2i2.49

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