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encourage mediators to be more serious in reconciling
the parties, especially the non-judicial mediators
(certified mediators). The provision of mediation
reward can also be optimal if the mediation fee
charged to the parties is set in general (Doornik,
2014); 2) Creating a mediation pilot project in
Religious Courts and District Courts. This means that
the Supreme Court will select judicial courts for
mediation; 3) Conducting training of certified
mediators; 4) Doing a comparative study to
developed countries; 5) Having cooperation with BP4
to provide a peacemaker; 6) Certification training for
judge mediator.
3.4 The Future of Mediation in the
Judicial System in Indonesia
As part of an alternative dispute settlement, mediation
in the courts still gives some hopes. Through
mediation, problems can be solved by a win-win
solution, meaning that it can provide justice for the
disputing parties. Therefore, the most important thing
now is how the efforts of the Supreme Court as an
institution that oversees the courts in Indonesia are
able to encourage the success of mediation in the
courts.
The prospect of mediation in the courts will be
stronger if the current mediating jurisdiction of
mediation is upgraded to a kind of legislation. In
addition, policies established by the Supreme Court
can further strengthen the position and benefits of
mediation in the courts through strengthening the
training of certified judicial mediators.
In addition, the role of the community through
multi-door mediation needs to be strengthened. The
Supreme Court can open the door of mediation
outside the court, for example through optimizing the
role of BP4 and establishing mediation institutions
accredited by the Supreme Court. Islamic Higher
Education, especially the Faculty of Shari'ah and
Law can be appointed as a competent institution to
handle mediation, both as mediator and training
organizer. The mediation institution can also be in the
pesantren. The scholars and Islamic leaders (kyai)
may act as mediators for parties with civil disputes.
The involvement of scholars and kiyai became
mediators based on the opinions of the scholars of
interpretation which requires that a peacemaker
(mushlih, hakam and mediator) has the requirements
of khauf, taqwa, faqih and understand the problem
being disputed. The kiyai and ulama are seen as those
who possess the qualifications and the charisma that
is able to influence the disputing parties.
The idea of multi-doors mediation as mentioned
above can only occur by changing the Supreme
Court's rules on mediation or through other policies.
Thus, the success of mediated cases will increase in
the future.
4 CONCLUSIONS
The study concludes that some of the points that
support and inhibit the success and failure of
mediation in court are determined by the factors of
law, mediators, parties and advocates, and mediation
support facilities. Second, the Supreme Court
provides rewards to mediators who have succeeded in
reconciling the parties; improve regulation of
mediation in the form of regulations, appoint court as
mediation pilot project, conduct mediator training for
judges and for candidate judges, in cooperation with
BP4; and thirdly, the mediation in the court still gives
hope because the superiority of the settlement of the
case through this mediation is done in a win-win
solution (equally win), so that it can produce legal
justice, legal certainty, and legal benefit.
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