| Summary: | This research is aimed to analyze the effectiveness of caucus usage by judge
mediator to minimize deadlock on the mediation of civil cases in Sleman District
Court and caucus usage barriers on it, and to find solutions to overcome them.
This is an empirical normative research because it uses primary data and
secondary data. Primary data was obtained from field research in Sleman District
Court by questionnaire method using the questionnaire to respondent (two lawyers
who had handled civil cases in Sleman District Court between 2009 and 2013)
and interview method using the interview guide (three career judges who had
handled civil cases in Sleman District Court between 2009 and 2013). Secondary
data was obtained from literature research with documentation method using the
document study for primary, secondary, and tertiary legal materials especially
archive of civil cases between 2009 and 2013 in Sleman District Court. Both of
these data are qualitatively analyzed with descriptive method based on inductive
thinking.
This research shows that two of three indicators of the effectiveness expressed
negative result (related to the number of civil cases that are settled through
mediation to generate peace decision and principals� satisfication on the mediation
that conducted on their civil case). Only one indicator of the effectiveness
expressed positive result (related to civil case settlement�s time through
mediation). This ineffectiveness is due to the eleven barriers associated with the
wrong paradigm from the principals (numbers 1-3), the large amount of
principals, selfishness, and lack of seriousness of the principals (numbers 4-6),
lack of support from advocates (number 7), and relating to the judges and the
means to support it (numbers 8-11). Based on these thing, it can be concluded that
the usage of caucus by judge mediator is still not effective in minimizing deadlock
on the mediation of civil cases in Sleman District Court. Therefore it can be given
two suggestions that are expected to be the solution, which is related to the
internal and external aspects of the principal (judges, lawyers, and means of
support).
|
|---|