Legal Reconstruction of Peaceful Settlement Regulation on Simple Lawsuit Based on Justice Values

Abstract

The regulation of the mechanism for settling minor or simple lawsuits is done through conciliation efforts in Article 14 letter (b) PERMA Number 2 of 2015 has regulated that Judges must play an active role in seeking to settle cases peacefully but do not regulate the form of conciliation efforts and there is an overlapping role of the Judge as examiner of cases and as a mediator who has not achieved justice for the parties. The aim of the research is to analyze the weaknesses of conciliation efforts in resolving simple tort cases in Indonesia currently and to reconstruct peace efforts in resolving simple tort cases based on fairness values using a constructivist paradigm with empirical research and a socio-legal approach. Analysis of research data in a qualitative descriptive manner where the location of the research was the Batang District Court and the Pasuruan District Court. The results of the research show that the Weaknesses in conciliation efforts in resolving simple lawsuits are that the form of conciliation is not regulated and the overlapping role of the Judge as examiner of cases and as a facilitator/mediator. Therefore a legal Reconstruction is needed in Article 14 letter (b) PERMA Number 2 of 2015 where Judges are no longer required to play an active role but Judges seek peace through negotiations and oblige the parties to negotiate during the first trial and report the results to the examining Judge of the case to realize justice for the parties.