Optimization of Mediation Based on a Peace Deed Made Before a Notary in The Settlement of Civil Disputes
Year: 2025
Type: article
Abstract: Handling civil disputes in court often faces various obstacles, such as a long process, high costs, and uncertainty of results. Therefore, mediation based on a peace deed made before a notary appears as an alternative dispute resolution that is more efficient, peaceful, and legally binding. This study aims to analyse the effectiveness of a peace deed by a notary in the mediation process, identify obstacles that arise in its implementation, and formulate a strategy for optimising mediation based on the peace deed. The research method used is normative juridical with a conceptual and legislative approach. The data analyzed are primary, namely laws and regulations and notarial deeds, as well as secondary data in legal literature, scientific journals, and court decisions. Data collection techniques are carried out through document studies, then analyzed qualitatively-descriptively. The study results show that a peace deed made before a notary has high binding and executory legal force, and can accelerate dispute resolution efficiently. However, its implementation faces obstacles in the form of limited notary authority, low public awareness, and the absence of technical regulations governing the implementation of mediation by notaries. Therefore, it is necessary to strengthen rules, improve notary competency through training, and provide outreach to the community to optimize the mediation function based on peace deeds.
Authors: Universitas Pelita Harapan, Jakarta, Indonesia, Titi Sulistyowati
Institution: Pelita Harapan University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411354387