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E-Mediation in Indonesia: Key Notes from Newly Issued Supreme Court Regulation

 

What is e-mediation?

E-mediation is a type of mediation that is conducted online using video conferencing technology. It is a convenient and efficient way to resolve disputes without having to travel to a physical mediation location.

 

What is the new Supreme Court regulation on e-mediation?

In 2022, the Supreme Court of Indonesia issued a new regulation on e-mediation, known as Supreme Court Regulation No. 3 of 2022 on Electronic Mediation in the Court ("Perma 3/2022"). This regulation complements and clarifies the previous Supreme Court regulation on mediation, known as Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in the Court ("Perma 1/2016").

 

What are the key features of Perma 3/2022?

Perma 3/2022 establishes the following new rules for e-mediation in Indonesia:

• E-mediation can only be conducted with the mutual consent of the disputed parties.
• The disputed parties must submit certain identity documents to the court before e-mediation can begin.
• The disputed parties must agree on a digital application (electronic medium) to be used for e-mediation.
• The mediator will create a virtual room using the chosen digital application (electronic medium), where the mediation process will be conducted.
• The disputed parties must bear any costs arising from the use of the digital application (electronic medium).
• The disputed parties can submit their case statements to the mediator electronically.
• The disputed parties can sign the settlement agreement electronically using a verified electronic signature.

 

What are the benefits of e-mediation?

E-mediation offers a number of benefits, including:

• Convenience: E-mediation can be conducted from anywhere in the world, as long as the parties have access to a computer and an internet connection.
• Efficiency: E-mediation can help expedite the dispute resolution process by eliminating the need for travel and in-person meetings.
• Cost-effectiveness: E-mediation is often less expensive than traditional in-person mediation.
• Confidentiality: E-mediation can be conducted in a confidential setting, which can be important for sensitive disputes.

 

Conclusion

E-mediation is a valuable tool for resolving disputes in Indonesia. The new Supreme Court regulation on e-mediation provides clear and concise rules for this process. If you are considering e-mediation, it is important to consult with an experienced lawyer to discuss your options and to ensure that your rights are protected.

 

 

Author: AS