TY  - THES
N1  - Pembimbing: Prof. Dr. Euis Nurlaelawati, M.A. M.Hum.
ID  - digilib56317
UR  - https://digilib.uin-suka.ac.id/id/eprint/56317/
A1  - Habibah Khoiriah, NIM.: 17103040135
Y1  - 2022/09/26/
N2  - The implementation of mediation in the Religious Courts must follow the
procedures stated in PERMA No. 1 of 2016 concerning Mediation Procedures in
the Religious Courts. Even though the mediator has done mediation in
accordance with the procedures in PERMA No.1 of 2016, the mediator is
expected to develop and find ways and strategies in conducting mediation, so that
mediation is achieved as desired. It was concluded from many studies that
mediation was not successful in most cases. However, some mediation practices
bring full success where the spouses do not proceed with the divorce proceedings.
This research was conducted to identify and examine the policies and strategies
used by mediators in resolving divorce cases as described in Decision Number
24/Pdt.G/2022/PA.Pyb and Decision Number 252/Pdt.G/2019/PA.Pyb.
This research is descriptive analytical, using an empirical juridical
approach. The data collection technique used is interviews with two mediators
and conducting a study of several decisions that have been selected. This research
uses legal system theory and attitude theory. Interviews were conducted with Mr.
Muhammad Hasan Sebyar and Mrs. Nurlaini M Siregar.
This study concludes that first, from several divorce cases at the
Panyabungan Religious Court, there were several cases that were successful not
being forwarded to the next stage of the trial. The case is illustrated in several
decisions, among which the author examines them in this study, namely two
decisions; Decision Number 24/Pdt.G/2022/PA.Pyb and Decision Number
252/Pdt.G/2019/PA.Pyb. Second, that the mediators use methods and strategies in
the implementation of mediation for divorce cases which are indeed different
while still firmly referring to the guidelines for the implementation of mediation,
namely Perma No. 1 of 2016 concerning Mediation Procedures in Religious
Courts. Third, that success is influenced by the strategy taken by the mediator and
other factors. Strategies that have an impact on success are good communication
with the parties by truly giving the parties freedom to dialogue, self-management
in the mediation process so that they can enter themselves into the parties, and
caucuses. The influencing factors are the legal substance factor, law enforcers
who have experience in training and skills as well as extensive knowledge. In
addition, the success of mediation is caused by internal and external factors.
These internal factors can be seen from the intentions or good faith of the parties.
While external factors are factors that arise from other parties, such as
involvement and advice from families, and community leaders.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Mediasi
KW  -  Perceraian
KW  -  Mediator
M1  - skripsi
TI  - STRATEGI KEBERHASILAN MEDIATOR DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PANYABUNGAN SUMATERA UTARA
AV  - restricted
EP  - 135
ER  -