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UPAYA MEDIATOR HAKIM DALAM MENGURANGI ANGKA PERCERAIAN DI PENGADILAN AGAMA KOTA MADIUN TAHUN 2022
In a marriage, household problems are inevitable. Some couples are able to resolve their issues independently without third-party involvement, while others are unable to do so and opt for divorce. In such cases, a third party or mediator is needed to help facilitate conflict resolution through the mediation process. The number of divorce cases handled by the Religious Court of Madiun City in 2022 was higher compared to 2021 and 2023. The purpose of this study is to examine the efforts of judge-mediators in reducing the divorce rate at the Religious Court of Madiun city in 2022, using the perspective of maṣlaḥah to bring benefits to society. The type of research used in this study is field research with a normative-juridical approach. The data analysis method employed is descriptive-analytic in nature, using primary data collection techniques such as interviews and direct documentation of the judge-mediators at the Religious Court of Madiun City during the field research. This is complemented by secondary data sources derived from books and other relevant written works related to the research topic. The theory applied by the researcher in this study is the theory of maslahah, and the analysis is conducted qualitatively using a deductive approach. The research findings indicate that the efforts of judge-mediators to reduce the divorce rate involve several stages, such as building trust in the mediator, designing resolution formats, and eliminating mutual suspicion between the parties. In addition, the court implements both preventive and curative measures.The factors influencing the success of mediation at the Religious Court of Madiun City include the quality of the mediator, the good faith of the parties involved, a supportive environment, flexibility in reaching a resolution, and a structured and fair mediation process.Conversely, the factors contributing to the failure of mediation include the strong desire of the parties to proceed with divorce, the absence of good faith from both sides, the absence of one party during the mediation process, lack of mediator neutrality, and prolonged conflict between the parties.From the perspective of maṣlaḥah, mediation is a peaceful dispute resolution process. It falls under the category of maṣlaḥah al-darūriyyah, which relates to the essential needs of human life—namely the preservation of religion, lineage, and property.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
UPAYA MEDIATOR HAKIM DALAM MENGURANGI ANGKA PERCERAIAN DI PENGADILAN AGAMA KOTA MADIUN TAHUN 2022 (Text)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)