Mediation Regulations Re-Arrangement’s Efforts at the State Court Based on Confidential Principles as the Parties’s Protection

Abstract

Mediation is characterized by confidentiality principle that protects the reputations of the disputing parties. However, the implementation of mediation in district courts is affected by the principle of public trial, leading to significant challenges. This paper examines two key questions: how do confidentiality-based mediation arrangements in district courts safeguard the reputations of the parties involved, and what reforms are necessary to ensure that these arrangements effectively uphold confidentiality in the resolution of civil cases? Utilizing normative legal research, this study analyzes primary, secondary, and tertiary legal materials collected through document studies. The analysis employs descriptive, comparative, evaluative, and argumentative techniques. The findings indicate that while mediation procedures in courts are governed by Supreme Court Regulation Number 02 of 2003 and subsequently by Supreme Court Regulation Number 01 of 2008, the most recent Supreme Court Regulation Number 1 of 2016 addresses the confidentiality principle but does not fully enforce it. Therefore, there is a pressing need for regulatory reforms, including the unification of mediation laws and a comprehensive revision of civil procedural law. It is crucial for the House of Representatives and the government to establish a dedicated law that regulates mediation, providing a solid legal foundation for its application in both judicial and extrajudicial contexts.

Keywords

• mediation
• court
• confidentiality principle