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LEGAL SYSTEM THEORY TERHADAP URGENSI MEDIASI DALAM PERTAHANAN KEUTUHAN KELUARGA PERKARA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA KLATEN)
Mediation at the Klaten Religious Court is carried out according to the provisions of PERMA No 1 of 2016, however, the practice and reality in the field, the implementation of mediation at the Klaten Religious Court can run optimally and effectively starting in 2022 and 2023. The practice of implementing mediation at the Klaten Religious Court in 2022 and 2023 received the Supreme Court award as the best religious court in implementing mediation, with a mediation success rate of 64.26% in 2023, and a success rate of 45.87% in 2022. This appears and there is a difference in the policy of implementing PERMA No 1 of 2016 in the Klaten Religious Court, because the implementation of mediation which initially could not run optimally and effectively until finally it can run optimally and become an award recipient as a religious court with the best success rate in mediation, even though PERMA No 1 of 2016 has been implemented since it was passed. Based on this, the problem that will be analysed in this research is the mediation policy from year to year after the implementation of PERMA No. 1 of 2016 concerning mediation procedures at the Klaten Religious Court, as well as Lawrence M. Friedman's legal system theory on the implementation of the implementation of PERMA No. 1 of 2016 so that it can strengthen and optimise the implementation of mediation at the Klaten Religious Court. This research uses Lawrence M. Friedman's legal system theory, which is based on three main elements in the legal system, namely the structure of law, the substance of the law, and legal culture. This type of research uses field research with an empirical juridical approach, while the data analysis method used is descriptive analytic. In the data collection method, the authors used interviews, and documentation. The results showed that the implementation of mediation at the Klaten Religious Court was initially carried out by judge mediators, then over time cooperation with non-judge mediators / employees was carried out. In addition, the availability of Mediation Room infrastructure that is representative and meets the standards, and the Standard Operating Procedure (SOP) for mediation services approved by the Chairman of the Klaten Religious Court. This is a new policy carried out in the hope that future mediation can run more effectively and optimally. According to Lawrence M. Friedman's legal system theory, the implementation of PERMA No. 1 of 2016 concerning Mediation Procedures at the Klaten Religious Court includes 3 elements of the legal system, namely legal structure including human resources, supporting facilities, and SOPs, legal substance including the obligation to implement mediation, flexibility of mediation time, and indicators of mediation success, and legal culture, including awareness and good faith of the parties, psychological and familial approaches in mediation, and the role of mediators in the success of mediation.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 23203011209 Iskarima Rahmawati, S.H
LEGAL SYSTEM THEORY TERHADAP URGENSI MEDIASI DALAM PERTAHANAN KEUTUHAN KELUARGA PERKARA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA KLATEN) (Text)
LEGAL SYSTEM THEORY TERHADAP URGENSI MEDIASI DALAM PERTAHANAN KEUTUHAN KELUARGA PERKARA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA KLATEN) (Other)
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