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PERAN MEDIATOR HAKIM DALAM PENYELESAIAN PERKARA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA SLAWI)
Mediation is a way of resolving disputes through a negotiation process to obtain agreement between both parties with the assistance of a mediator. The rules regarding the mediation process are stated in Supreme Court Regulation No.1 of 2016 concerning mediation procedures in the Court which requires that every registered divorce case must go through a mediation process first before entering trial. In this case, Tegal district is one of the areas with the most divorce cases in Central Java. Divorce cases are also the cases most frequently handled by the Slawi Religious Court. Based on data from the Slawi Religious Court, in 2020-2021, of the total 469 cases that had been mediated, only 17 cases were successfully mediated. Looking at this data, it can be said that the results of the mediation carried out by the judge mediator at PA Slawi were relatively low. Therefore, it is interesting to research to find out what the actual practice and role of judge mediators are in mediating divorce cases at PA Slawi, why mediation at PA Slawi is not very successful and what are the supporting and inhibiting factors for mediation in divorce cases at the Slawi Religious Court. This research uses role theory and legal system theory. This type of research is field research using a legal sociology approach. Meanwhile, the data analysis method uses qualitative methods and has the nature of research in the form of descriptive analytical research. In the data collection method, the author uses observation, interviews and documentation methods. The research results show that the practice and implementation of mediation at the Slawi Religious Court has been carried out in accordance with PERMA No. 1 of 2016. In this case, mediation at PA Slawi is carried out in three stages, namely: Pre-mediation stage, Implementation stage of the mediation process and Final stage of mediation. As for carrying out and completing the mediation process, the judge mediator at PA Slawi has carried out his duties and roles to the maximum and has seriously tried to reconcile the parties to the dispute. The judge mediator at PA Slawi has the role of: growing and maintaining self-confidence between the parties, providing fair services to both parties, controlling and creating comfortable meetings for both parties, encouraging and guiding the parties to discuss and negotiate, and the judge mediator's role provide spiritual advice to both parties in a dispute. However, the maximum efforts of judge mediators in mediating divorce cases in PA Slawi can be said to have not been successful, because the success rate of mediation in PA Slawi is still very low. The obstacles to the success of mediation at PA Slawi are: the number of mediators who do not have certificates and skills in mediating the disputing parties, the absence of one of the parties during the mediation process, the parties both having a strong determination to divorce.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERAN MEDIATOR HAKIM DALAM PENYELESAIAN PERKARA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA SLAWI) (Text)
PERAN MEDIATOR HAKIM DALAM PENYELESAIAN PERKARA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA SLAWI) (Other)
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Hukum Islam