Peranan Hakim Dalam Usaha Mendamaikan Kedua Belah Pihak Yang Bersengketa Ditinjau Dari Pasal 154 Ayat (1) Rbg Di Pengadilan Negeri Klas I Kupang
| Main Author: | Perpustakaan UGM, i-lib |
|---|---|
| Format: | Article NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2005
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/24324/ http://i-lib.ugm.ac.id/jurnal/download.php?dataId=7297 |
Daftar Isi:
- The research concerns the Role of the Judge in Reconciling Disputing Par- ties Reviewed from Article 154 section (1) RBA in the First Class of District Court of Kupang. It is a normative research, which aims to know how the judges of the first of District court of Kupang attempt to reconcile disputing parties. Primary and secondary data were obtained from library research and field research using document study, questionnaire and interview as data collecting instruments. The data were analysed qualitatively. The research results show that the number of lawsuits registered at the First Class of District Court of Kupang during 1999 to 2003 period are 606 composed of 272 divorce lawsuits, 162 land lawsuits, 84 lawsuits over compensation for conducts against the law, 24 inheritance lawsuits, 24 failure of responsibility lawsuits, 10 loan lawsuits, and 30 other miscellaneous lawsuits. Of 606 lawsuits registered in the court, 476 lawsuits are settled with a decision after the trial, 9 lawsuits are settled with mutual agreement, and the rest of 121 lawsuits are settled with other approaches. If these settlements are related to the role of the judge, it is noted that the judge in the First Class of District Court of Kupang has always tried to settle the cases through mutual agreement (reconciliation) between the parties. The factors for bigger number of settlement with court decision than that with mutual agreement approach are the lack of goodwill from both disputing parties and the lawyer, and the poor understanding of the disputing parties. The goodwill here is subjective m nature, coming out from one's inner conscience, and the measure to see whether the parties' understanding is poor or good is their latest education. The education of the parties is elementary school or its equivalence (58%), junior high school (24%), senior high school (10%), and university (8%). Key words : role of the judge, reconciliation.