TY  - THES
N1  - DR. H. ABDUL MUJIB, M.Ag.
ID  - digilib40805
UR  - https://digilib.uin-suka.ac.id/id/eprint/40805/
A1  - PERDANA NUR AMBAR SETYAWAN,, NIM. 17203011014
Y1  - 2020/04/28/
N2  - Mediation has been known since the time of Rasullulah during the
Hudaibiyah Treaty. The Indonesian civil court procedural legal system also adopts a
formal mediation process in Article 130 HIR (Herzien Inlandsch Reglement,
Staatsblad 1941: 44), or Article 154 R.Bg (Rechtreglement voor de Buitengewesten,
Staatblad 1927: 227) or Article 31 Rv (Wetboek op de Burgerlijke Rechtvordering
Staatblad 1874: 52). In fact, the Supreme Court through PERMA RI No. 1 of 2008
concerning Mediation Procedures in the Court stated that civil decisions can be null
and void by law if mediation processes are not carried out in certain cases. The
mediation process in Islamic economic disputes cannot be separated from the
importance (significance) of the role of a mediator in it. The mediator must be able to
precisely determine the most appropriate dispute resolution technique in dealing with
such a case in the midst of the limited time allowed by laws and regulations and the
increasing number of cases that go from year to year to the Bantul Religious Court.
This type of research is Empirical Juridical which is included in the type of
field research. Material or research data derived from field observations either direct
interviews with mediators at the Bantul Religious Court or other sources relating to
the research object. The data used by the author are primary data in the form of
interviews with mediators who served in the Bantul Religious Court and Case
Register. Data analysis method used in this research is descriptive analysis method.
This method is used to describe or illustrate the significance of the role of the
mediator in the resolution of sharia economic activities in the Bantul Religious Court.
The main role of the mediator is significant in the efforts of the Mediator in
preventing a disputed case from entering into the contending phase in front of the trial
by applying problem solving techniques to the Parties to the dispute. So the results of
this study conclude that: The results of this study conclude that: First, the importance
(significance) of the mediator's role is a necessity because a mediator must really be
able to regulate the mediation process not only in terms of time, but also must be able
to streamline the mediation according to the provisions of the legislation. During this
time too, the mediator must be able to formulate the idea of a peace agreement for the
parties to the dispute. Second, the importance (significance) of the mediator's role is
demonstrated when the Mediator in the mediation process seeks to bridge the
intention of the claim from the Plaintiff in the letter of claim, statements made during
the caucus, and in the mediation resume to be submitted to the Defendant. Then, the
mediator seeks to process and interpret this implied intention into an optional peace
that can be offered to the Parties to the dispute.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Mediator
KW  -  Sharia Economic Disputes
KW  -  Religious Court.
M1  - masters
TI  - SIGNIFIKANSI PERAN MEDIATOR DALAM PENYELESAIAN
SENGKETA EKONOMI SYARIAH DI PENGADILAN AGAMA BANTUL
AV  - restricted
EP  - 118
ER  -