Implementation of Supreme Court Regulation Number 3 of 2022 concerning electronic mediation in the jurisdiction of The Denpasar District Court

The integration of electronic systems into the judicial process represents a significant advancement in legal practice. The advent of e-Court and electronic mediation represent a broader trend towards integrating technology to improve the efficiency and reach of judicial processes. This study aims to find out the stages of implementation of Supreme Court Regulation Number 3 of 2022 concerning Electronic Mediation in the jurisdiction of the Denpasar District Court, and the inhibiting factors of the implementation of the regulation in this jurisdiction. The study provides valuable insights into the practical application of electronic mediation, highlights challenges faced in the field, and offers recommendations for improving the regulatory process and overcoming obstacles. This research could evaluate how legal representatives support parties in fulfilling their rights and obligations during electronic mediation. Additionally, investigating the specific obstacles related to software and human resources could provide insights into how these challenges impact the mediation process. This is an open access article under the CC BY-SA license.


INTRODUCTION
The advent of electronic judiciary systems represents a significant step forward in the modernization of the judicial system.With the rapid advancement of technology, traditional court procedures are evolving to incorporate digital tools that enhance efficiency and accessibility (Contini, 2020;Lederer, 2021;Prescott, 2017;Shi et al., 2021;Zarnow & Hirsch, 2021).One notable development in this realm is the implementation of the electronic court system, known as e-Court.This system introduces a range of technological solutions that transform how court hearings and mediations are conducted, making the judicial process more streamlined and adaptable to contemporary needs.
A key feature of the electronic judiciary is the ability to conduct mediation remotely, without requiring face-to-face interactions.Through e-Court, mediation can be carried out via audio-visual communication, allowing parties to engage in discussions and negotiations from different locations (Baried, 2023;Hikmah, 2023;Mursyid, 2023;Nafisah et al., 2022;Nisa, 2023).This digital approach not only saves time and resources but also expands accessibility for individuals who might face challenges attending in-person sessions.The shift to electronic mediation reflects a broader trend towards integrating technology to improve the efficiency and reach of judicial processes.
To regulate and formalize electronic mediation, the Supreme Court introduced Supreme Court Regulation Number 3 of 2022 concerning Mediation in Courts Electronically.This regulation provides a comprehensive framework for the implementation of electronic mediation, outlining procedures and requirements for various stages of the process.It covers essential aspects such as the agreement process between parties, the selection of mediator judges, and the handling of administrative tasks related to electronic documents.
The regulation also addresses technical elements of electronic mediation, including the creation and use of electronic virtual rooms and electronic signatures.These features ensure that all participants can engage in mediation securely and efficiently.The electronic submission of mediation results further facilitates the processing of outcomes and the formalization of agreements (Branting et al., 2023;Cortés, 2023;Grill & Martin, 2021;Lohvinenko et al., 2021;PAWŁOWSKA et al., 2021).By detailing these procedures, the Supreme Court aims to ensure that electronic mediation is conducted with the same level of rigor and effectiveness as traditional in-person sessions.
Overall, the integration of electronic systems into the judicial process represents a significant advancement in legal practice.By embracing technological innovations such as e-Court and electronic mediation, the judiciary can enhance its operations, reduce administrative burdens, and improve access to justice for a broader audience.As these technologies continue to evolve, ongoing evaluation and adaptation will be crucial to ensuring their effectiveness and addressing any emerging challenges in the digital judicial landscape.
Based on the background, this study aims to find out the stages of implementation of Supreme Court Regulation Number 3 of 2022 concerning Electronic Mediation in the jurisdiction of the Denpasar District Court, and the inhibiting factors of the implementation of Supreme Court Regulation Number 3 of 2022 concerning Electronic Mediation in the jurisdiction of the Denpasar District Court.The research contribution involves a detailed examination of the implementation stages of Supreme Court Regulation Number 3 of 2022 concerning Electronic Mediation at the Denpasar District Court.This study aims to identify and analyze the specific steps involved in applying the regulation within this jurisdiction.Additionally, the research seeks to uncover the inhibiting factors that may hinder the effective implementation of the regulation.By addressing these aspects, the study provides valuable insights into the practical application of electronic mediation, highlights challenges faced in the field, and offers recommendations for improving the regulatory process and overcoming obstacles.

METHOD
Normative legal research focuses on analyzing legal norms, principles, and regulations to understand their application and implications within a specific context.In this study, the normative approach involves a thorough examination of existing legal frameworks related to electronic mediation, particularly those outlined in Supreme Court Regulation Number 3 of 2022 by analyzing legal texts, court decisions, and other relevant legal documents.Understanding how these standards are supposed to be applied in judicial practice and locating any holes or inconsistencies in the legal system depend on this study.As a result, normative research serves as a fundamental basis for comprehending the legal framework within which electronic trials are carried out, providing important perspectives into the regulatory framework that influences how these trials are carried out at the Denpasar District Court.

Stages of Implementation of Supreme Court Regulation Number 3 of 2022 concerning Electronic Mediation in the Jurisdiction of the Denpasar District Court
In general, in the Great Dictionary of the Indonesian Language (KBBI, Kamus Besar Bahasa Indonesia) (2002), it is stated that what is meant by mediation is the process of participation of a third party in resolving a dispute as an advisor.Meanwhile, the definition of peace according to positive law as stated in Article 1851 of the Criminal Code (Civil Code) is an agreement where both parties by handing over, promising or withholding an item, ending a case that is dependent on or preventing the occurrence of a case, then also known as dading, which is a written agreement peacefully to resolve or terminate the continuation of a case (Simorangkir, 2004).
Peace, hereinafter referred to as mediation, can be carried out directly by face-to-face and dialogue between the mediator and the parties involved in the dispute, can also be done online.Online or electronic mediation is a dispute resolution procedure carried out using audio-visual or electronic communication (Zaidah & Normas, 2022).According to Article 1 of PERMA No. 3 of 2022, it is stated that electronic or electronic mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties with the assistance of a mediator which is carried out with the support of information technology and communication.
The definition of mediation is intervention in a dispute or negotiation by a third party that is acceptable, does not have the authority to make decisions in guiding the disputing parties in an effort to find an agreement voluntarily in resolving the disputed problem (Susanti, 2007).Law No. 30 of 1999 concerning Alternative Dispute Resolution, defines mediation as a written agreement between the parties, disputes, or differences of opinion are resolved through the help of one or more expert advisors or a mediator.
According to the provisions of the Supreme Court Regulation that after an evaluation of the implementation of mediation procedures in court based on the Regulation of the Supreme Court of the Republic of Indonesia No. 2 of 2003, it turned out that several problems were found that originated from the Supreme Court Regulation, so that the Regulation of the Supreme Court of the Republic of Indonesia No.The stages of mediation are explained about the stages of the mediation process in accordance with the Supreme Court Regulation No. 1 of 2016 in Chapter III Article 13 concerning the Submission of Case Resumes and the Length of the Mediation Process, as follows: 1.Within a maximum of 5 working days after the parties appoint the agreed mediator, each party can submit the case resume to each other and to the mediator; 2. Within at least 5 working days after the parties fail to choose a mediator, each party may submit the case resume to the appointed mediator judge; 3. The mediation process lasts no later than 40 working days from the time the mediator is elected by the parties or appointed by the Chairman of the Panel of Judges as referred to in Article 11 Paragraph ( 5) and ( 6); 4. On the basis of the agreement of the parties, the mediation process can be carried out remotely using communication tools; 5.The duration of the mediation process does not include the period of examination of the case; 6.If necessary and on the basis of the agreement of the parties, mediation can be carried out remotely using communication tools.
The dispute resolution process through mediation at the Denpasar District Court has two stages, namely the pre-mediation stage and the mediation stage.First, the Pre-Mediation stage.In this stage, the plaintiff first submits his lawsuit to the District Court, then the lawsuit is accepted by the Denpasar District Court.The Chairman of the Panel of Judges immediately declared that the trial was open to the public by knocking his hammer on the table once.On the first day of the hearing, the parties to the dispute were presented.Meanwhile, if the disputing party is not present.The Panel of Judges postponed the trial and then provided an opportunity for the disputing parties to attend the next hearing.
The electronic mediation process carried out at the Denpasar District Court is still the same as the mediation process carried out face-to-face.The difference only lies in the use of electronics provided by the Denpasar District Court.The use of electronic mediation is an option when someone cannot mediate face-toface.As stated by the mediators at the Denpasar District Court as follows: The stages of the electronic mediation process are the same as the face-to-face mediation process, perhaps the only difference is the way it is met.If online mediation meets through online meetings, while offline mediation meets face-to-face.

Factors Hindering the Implementation of Supreme Court Regulation Number 3 of 2022 concerning Electronic Mediation in the Jurisdiction of the Denpasar District Court
Soerjono Soekanto said that the effectiveness of a law can be seen from five factors, namely the legal factor itself, law enforcement factors, facility factors, community factors, and the last is cultural factors (Soekanto, 2016).Civil cases settled at the Denpasar District Court, especially divorce cases, occur because the couple who filed for divorce is a woman and has a strong desire to remain divorced due to economic reasons and prolonged conflicts.The implementation of offline/face-to-face mediation is still the main choice for the parties who are divorced compared to carrying out electronic/online mediation at the Denpasar District Court.If you look at the number of divorces filed, especially divorce lawsuits in the Denpasar District Court, the number is still quite high, while the success of fully successful mediation or partially successful mediation still tends to be quite low, causing the effectiveness of offline and online/electronic mediation to be not optimal due to various factors.
The implementation of electronic mediation carried out at the Denpasar District Court using PERMA No. 3 of 2022 Article 5, the implementation of electronic mediation at the Denpasar District Court if reviewed from PERMA No. 3 of 2022 has been in accordance with the procedures starting from pre-mediation to the results of the implementation of mediation which includes the agreement of the parties in conducting electronic mediation, electronic administration, appointment of mediator, determination of application, mediation room and electronic mediation meeting to the delivery of mediation results.The inhibiting factor lies in the problem of inadequate network from other District Courts and electronic mediation has not been able to fully touch the hearts of the parties to continue the household.

CONCLUSION
Mediators in electronic mediation encourage lawyers to help their clients understand and pursue mediation as a dispute resolution option, in line with Article 18 of Supreme Court Regulation Number 3 of 2022, which mandates that legal representatives assist parties in fulfilling their mediation rights and obligations.However, obstacles persist in electronic mediation, including issues with software and human resources.Future research could examine the effectiveness of mediator strategies in guiding lawyers and their clients through electronic mediation, assess how well these strategies comply with legal requirements, and investigate the impact of technical and resource-related challenges.Additionally, it could explore potential improvements in technology and training to enhance the effectiveness of electronic mediation.
2 of 2003 was revised with the intention of making more use of mediation related to the litigation process in court.So that the Supreme Court Regulation No. 2 of 2003 was amended, Perma No. 1 of 2008, and Perma No. 1 of 2016.Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court.