The implementation of a peace agreement in the settlement of disputes in the court connected with supreme court regulation number 01 of 2016 regarding mediation procedures in court

10.2478/bjlp-2023-00000246

Abstract

The Implementation of Peace Agreement in Dispute Resolution in Court is linked to the Supreme Court Regulation of the Republic of Indonesia Number 01 of 2016 concerning Mediation Procedures in Court. This research aims to inventory and understand various adequate and accurate information regarding the benefits or positive dimensions of dispute resolution through peace agreements and to find the most appropriate juridical mechanisms for ensuring that the agreed peace agreements can be implemented properly. This study utilizes a juridical-normative approach methodology, in which the law is regarded as a rule or norm that regulates human behavior, and in this case, legal provisions are used as the main parameters for conducting this study. This includes searching and discovering concepts and legal principles related to the creation of peace agreements in the resolution of a dispute in court.The results of this research indicate that resolving disputes through peace agreements is more beneficial for the disputing parties, as it can reduce lengthy time, high costs, and protracted or prolonged processes. To ensure the legal enforceability of the peace agreement and to prevent it from becoming illusory or non-executable, it is necessary to request the court to issue a separate decision on the outcome of the agreement or to incorporate it into the main judgment of the case. This is done to avoid any breach of promise or non-performance by either party who refuses to implement the agreed terms in the presence of the mediator.