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PERSENTASE PELAKSANAAN MEDIASI DALAM PERKARA PERCERAIAN (STUDI KASUS PENGADILAN AGAMA MAGELANG TAHUN 2022-2023)
Disputes in community life are very common, as well as in households, when problems arise and cause big fights, divorce will occur. In Magelang itself, the divorce rate is quite high for our small area of 18.56 square kilometers. Magelang City is the smallest city in Central Java. The role of the mediation process is very important in divorce cases to help the parties resolve the case peacefully. The purpose of this study was to determine the success of mediation as one of the peaceful efforts in divorce cases at the Magelang Religious Court. The research method used by the author is qualitative and the data collection technique is by observation because this study is a field research by coming directly to the Magelang Religious Court, to find out more deeply the author conducted interviews with judges who are also mediators at the Magelang Religious Court, namely Mr. Muh Ainun Najib, S.H., M.H. and also Mrs. Fajar Pardanny P, S.E., S.Sy., M.H. The author also uses a library study method by looking for references that are relevant to the research to support the results of the study. The results obtained from the study, that the Implementation of the Mediation process at the Magelang Religious Court has been based on PERMA No.1 of 2016. In 2022-2023 the percentage of mediation that can be implemented is 23.58% of the 454 cases that can be decided in the 2 years, this shows the lack of awareness of the parties about the procedures for implementing law in Indonesia, especially in mediation of Divorce cases. The main causal factor is that many parties cannot be mediated, namely the absence of one of the parties at the trial so that it is decided by default. Several parties who filed for divorce reported that they had carried out mediation outside the court but were unsuccessful. The most important factor influencing the course of the mediation process is the good faith of the parties (husband and wife).
FAKULTAS SYARI'AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERSENTASE PELAKSANAAN MEDIASI DALAM PERKARA PERCERAIAN (STUDI KASUS PENGADILAN AGAMA MAGELANG TAHUN 2022-2023) (Text)
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