Shanty, Wika Yudha (2015) Perbandingan hukum antara mediasi dan wakai. Jurnal Cakrawala Hukum, 16 (1). ISSN ISSN P: 2356-4962 ; ISSN E: 2598-6538

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Abstract

Peace was one of the media to get a deal between two parties who had different agreement without relying on
“win or lose” result. In Indonesia, the regulation that arranged peace was in article 130 HIR and article 145
RBG that was applied and effective through SEMA no 1 year 2002. On September 11th, 2003, Supreme Court
issued PERMA no 2 year 2003. Then on July 31st, 2008 PERMA no 2 year 2003 was revised into PERMA No
1 year 2008 that had been put into effective until now. The different condition happened to Japan; that was the
people tended to choose to propose a wish to be reconciled by the court and did not charge an accusation which
was commonly successful that was famous with the term Wakai. Wakai was a mechanism in solving an
agreement in Japan with a help of a mediator. In this case, the agreement between the parties who had a dispute
was an absolute thing and it had to be reached well by appreciating the autonomy of each party. This research
used the method of law regulation comparison between the regulation of legislation in Indonesia and legislation
in Japan which had been translated into English.

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