TY - THES N1 - Promotor: Prof. Dr. H. Agus Moh. Najib, S.Ag., M.Ag. dan Dr. H. Abdul Mujib, M.Ag. ID - digilib68362 UR - https://digilib.uin-suka.ac.id/id/eprint/68362/ A1 - Agus Suprianto, NIM.: 19303012010 Y1 - 2024/07/23/ N2 - Sharia economic activities in which disputes occur are the competence of the religious courts. The examination of sharia economic cases in the religious courts is preceded by mediation procedures. Mediation is a peaceful process in which the parties to a dispute submit a settlement with a mediator, to achieve a fair result, and the results can be accepted by the disputants voluntarily. Data from the Yogyakarta Religious High Court shows that the success of mediation is 23%?54%. This figure shows the success of mediation, whether relatively low or still moderate. Whereas since 2016, there has been a change in regulation to PERMA No. 1 of 2016, which emphasizes the empowerment of the parties, the role of the parties, and the principle of good faith in mediation. The formulation of this dissertation problem is: How is the application of the legal rules of mediation in the implementation of the settlement of sharia economic cases in the Yogyakarta Religious High Court? What is the role of the parties and their good faith? Why is the success of mediation low or moderate? How can we optimize mediation in the settlement of sharia economic disputes? This research is field research on the basis of sharia economic case decisions in the Yogyakarta Religious High Court environment in 2017?2020, with a qualitative method and taking 12 cases, using a normative juridical approach and an empirical juridical approach. The author analyzes the court decision using negotiation theory, good faith theory, and maqa>s}id asy-syari>?ah theory. The results of the research are: First, the application of the legal rules of mediation in the implementation of the settlement of sharia economic cases, namely there has been no utilisation of peaceful opportunities outside of overall peace, no one has taken advantage of the lawsuit to obtain a peace certificate, there is a clash with the mechanism of execution of Mortgage Rights, there is no implementation of electronic mediation. Second, the role of the parties and their good faith which is a key opportunity for the success of mediation, namely 1). Empowerment of the parties is characterised by attendance and effective communication. 2. The parties negotiate using inter-based techniques with four steps O-KO- K (People, Interests, Options, Criteria). 3) The parties exercised good faith, with benchmarks on high awareness to find a settlement solution and not mediate only pro forma. Third, the reasons for low or moderate mediation success are that the Defendant does not attend the mediation process, the negotiation process uses competitive techniques, and there is no good faith from the Defendant / Plaintiff. Fourth, the idea of optimising mediation in the settlement of sharia economic disputes is the concept of peace process, namely peace efforts made by the parties to the dispute by always opening up opportunities for peace at all levels of the case process, both with the negotiation mechanism of the parties and negotiations in mediation. PB - UIN SUNAN KALIJAGA YOGYAKARTA KW - Sengketa Ekonomi KW - Ekonomi Syariah KW - Mediasi (As-Sulh) M1 - doctoral TI - MEDIASI EKONOMI SYARIAH DI LINGKUNGAN PENGADILAN TINGGI AGAMA YOGYAKARTA ; IMPLEMENTASI, PERAN PARA PIHAK DAN KORELASINYA DALAM PENYELESAIAN PERKARA AV - restricted EP - 265 ER -