Implementation of Mediation in the Settlement of Administrative Disputes

Abstract

The research analyses the mediation of dispute settlement in Administrative Courts. Mediation as means of dispute settlement can be conducted both in and out of the courts. The implementation of in courtmediation in settling civil disputes is constructed from the interpretation of article 130 Herziene Indonesisch Reglement (HIR)/154 Rechtsreglement Buitengewesten (R.Bg.). Mediation, in the settlement of administrative disputes, is not regulated in formal juridical. This research aims to identify the implementation of mediation in the settlement of administrative disputes. This is a doctrinal research implementing legal, conceptual, and comparative approaches. The Supreme Courts initiates some dispute settlement methods through mediation in courts by issuing the Supreme Courts Regulation No. 1 of 2016 on Procedures of Mediation in Courts. Those provisions can be applied in the implementation of mediation in Administrative Courts. The implementation of administrative dispute mediation is first conducted through the step of mediation. If the attempt fails, the dispute is then continued to the trial process. The mediation is persuasively carried out by the judge of Administrative Courts to the disputing parties through the step of preparation check. Keywords-Mediation, Settlement Administrative