TY  - THES
N1  - Pembimbing: Dr. Mochamad Sodik, S.Sos., M.Si
ID  - digilib59117
UR  - https://digilib.uin-suka.ac.id/id/eprint/59117/
A1  - Mgs. M. Hanief Fathurrahman, S.H, NIM.: 20203012013
Y1  - 2023/02/15/
N2  - The judiciary, as the executor of judicial power, has authority regarding law
violations and order in society. However, as experienced by the Indonesian
people, the system actually makes solving a case take time, which is not effective
or efficient. In practice, the application of the simple, fast, and low-cost principle
has not been fulfilled, due to the large number of incoming cases, the limited
number of judges, and the lack of facilities for first-level court institutions. The
Sleman Religious Court in its application is still not optimal to resolve disputes
satisfactorily, fairly, peacefully, and appropriately. Therefore, mediation in a case
of disputes of the heart requires a settlement in accordance with a mutual
agreement, but the fact is that from 2019 to 2022, only 113 out of 1682 total
mediations were successful. Thus, the settlement of divorce cases through
mediation is still low. The problems include: 1) the process of carrying out
mediation in divorce cases; 2) the role of the judge as a mediator in the settlement
of divorce cases; and 3) the success and failure factors in mediation.
In this study, we used PERMA rule Number 01 of 2016 concerning
Mediation Procedures in Courts, which is supported by the theory of ma?la?ah.
The type of this research is field research using a juridical-empirical approach and
has the nature of analytic-descriptive research. While the data analysis method
used is qualitative using deductive methods. Methods of data collection using the
methods of observation, interviews, and documentation.
The results of the research show that the mediation process has three stages,
namely, pre-mediation, process mediation, and the end of mediation. Overall, the
stages of the mediation implementation process are in accordance with existing
procedures. The role of the judge as a mediator in the settlement of divorce cases
has been carried out in accordance with PERMA Number 01 of 2016 and Law
Number 48 of 2009. So, the role of the judge as a mediator consists of: 1) giving
advice; 2) giving impressions; 3) creating an atmosphere; 4) finding common
ground; and 5) discussing agreements and solutions. It's just that in theory,
ma?la?ah reviews the role of judges in order to have the capability to be judges.
First, expertise in digging into problems down to their roots will have an impact
on the accuracy of the solutions offered and help solve problems in an applicable
and appropriate manner. Second, practical and methodological knowledge of
sharia is necessary for the realization of mashlahah-based mediation and
resistance to damage (ma?arat). Success factors in mediation are: 1) the mediator;
2) faith and cooperation; 3) third parties; and 4) morals and spirituality. The
failure factors in mediation are: 1) limited time, 2) lack of good faith from all
parties, and 3) the mediator himself.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Hakim
KW  -  Mediasi
KW  -  Mediator
KW  -  Perkara Perceraian
M1  - masters
TI  - PERAN HAKIM SEBAGAI MEDIATOR DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA SLEMAN KELAS IA
AV  - restricted
EP  - 194
ER  -