Mediation in Commercial Courst as equal Protection between Debtors and Creditors
Author(s) -
Mulyani Zulaeha
Publication year - 2017
Publication title -
lambung mangkurat law journal
Language(s) - English
Resource type - Journals
eISSN - 2502-3128
pISSN - 2502-3136
DOI - 10.32801/lamlaj.v2i2.49
Subject(s) - mediation , lawyer supported mediation , alternative dispute resolution , negotiation , creditor , dispute resolution , online dispute resolution , enforcement , business , party directed mediation , empowerment , conciliation , dispute mechanism , law enforcement , law and economics , process (computing) , law , political science , economics , finance , computer science , debt , operating system
Mediation as a way of dispute resolution through negotiation process toachieve agreement of the parties assisted by mediator. It is considered as a form ofdispute resolution that can meet the parties’ wishes, reducing the time and cost. It wantsa 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 themediation empowerment in the Commercial Court as a breakthrough and steps takento create an equal protection between debtors and creditors (especially prospectivedebtors). The empowerment of mediation in the Commercial Court is in line withthe policy direction and strategy of legal development contained in PresidentialRegulation No. 2/2015, especially civil law enforcement, namely the resolution ofcivil cases is performed by encouraging the optimization of mediation process in courtand simplification of civil procedure is expected to encourage the efficiency of civilresolution and give positive contribution to the improvement of national economy
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