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PERAN MEDIATOR DALAM MENJAMIN HAK NAFKAH ANAK PADA PROSES MEDIASI DI PENGADILAN AGAMA KARANGANYAR TAHUN 2025
Divorce not only severs the civil marital bond but frequently has a detrimental impact on the neglect of children's rights, particularly regarding the fulfillment of child maintenance (nafkah). At the Karanganyar Religious Court in 2025, the high level of parental egoism and financial asymmetry practices (salary slip manipulation) pose a serious threat to the survival of the descendants. When the mediation process to reconcile the household (full success) reaches an impasse, the Judge Mediator is required to act proactively in facilitating a "Partial Peace Agreement" (Partial Success) to save the children's future. Therefore, this study focuses on two main problems: describing the progressive strategy of the Judge Mediator in guaranteeing child maintenance rights through partial agreements, and analyzing the effectiveness of these strategies in overcoming sociological inhibiting factors in the negotiation room. This qualitative research employs a descriptive-analytical field research type. Primary data collection was conducted through courtroom ethnography observation and in-depth interviews carried out in three stages with Judge Mediators at the Karanganyar Religious Court. This study specifically uses a sociological approach to capture the actual working of law in society (law in action). The field data obtained was then dissected using two main theoretical frameworks: Role Theory to analyze the factual performance innovation of the mediator, and Legal Protection Theory to evaluate the effectiveness of the court's intervention as preventive and repressive instruments for the protection of children's rights. The results of the study conclude that the Judge Mediators at the Karanganyar Religious Court do not work in a mechanically passive manner, but rather perform highly effective role innovations. These progressive strategies include: (1) optimizing reconvention lawsuits as an entry point for negotiation, (2) applying administrative coercion in the form of suspending the divorce pledge (ikrar talak) and withholding the Divorce Certificate (Akta Cerai) until the first maintenance payment is settled as an anti-default guarantee, and (3) inserting a progressive clause of a 10% annual increase in the maintenance percentage. The effectiveness of this strategy is strongly supported by the authoritative prestige of the Deciding Judge, who firmly educates on the threat of criminal sanctions for child neglect (based on the Child Protection Law and the Penal Code). This sociological intervention has proven effective in subduing internal obstacles in the form of egoism and financial manipulation by the ex-husband, as well as eliminating external obstacles such as provocative intervention from extended families and legal counsels.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERAN MEDIATOR DALAM MENJAMIN HAK NAFKAH ANAK PADA PROSES MEDIASI DI PENGADILAN AGAMA KARANGANYAR TAHUN 2025 (Text)
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