EFEKTIVITAS PENYELESAIAN PERKARA HARTA BERSAMA MELALUI MEDIASI DI PENGADILAN AGAMA SLEMAN TAHUN 2021

Yudha Bayu Pratama, NIM.: 18103050027 (2022) EFEKTIVITAS PENYELESAIAN PERKARA HARTA BERSAMA MELALUI MEDIASI DI PENGADILAN AGAMA SLEMAN TAHUN 2021. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study discusses the implementation of mediation in the Religious Courts. The research is focused on mediating joint property cases. Where in the first trial the Panel of Judges must seek mediation against the parties with the assistance of a mediator judge. Mediation is a process that is private, not open to the public and cooperative in resolving a problem. The implementation of mediation in general can maintain a good bond between the disputing parties after a disagreement occurs. Success in the mediation process is related to the ability of husband and wife disputes to provide direction or advice. In reality, very few case decisions can end in peace. The main problems in this study are 1.) How is the effectiveness of mediation in resolving joint property cases at the Sleman Religious Court? 2.) What are the factors that support or hinder the process of resolving cases through mediation? This study uses a sociological juridical research method (empirical) which is a legal research method that seeks to see the law in a real sense or it can be said to see, examine how the law works in society. while the nature of this study is descriptive analysis, namely the author provides a complete, detailed and clear description and analyzes in this study the author uses the main data sample used in this study is interviews and data taken from the e-court PA Sleman and secondary data data collected obtained through literature, such as books, journals and papers related to research that are useful as supporting authors in this study. In this field study, the authors use data analysis methods based on qualitative methods, namely the analysis that connects the laws and regulations. In the results of this studyit is known that the implementation of mediation in the Sleman Religious Court and the role carried out by the mediator judge is in accordance with Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. However, due to a lack of understanding of mediation from the litigants, the mediation process at PA Sleman became ineffective, which was caused by several inhibiting factors from the process of resolving mediation cases, such as the lack of goodwill from both parties to mediate, thus causing the success rate mediation becomes ineffective.

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