PERAN MEDIATOR DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA BANTUL TAHUN 2018-2020

PUTRI RAHYU, S.H.I., NIM. 19203010016 (2021) PERAN MEDIATOR DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA BANTUL TAHUN 2018-2020. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorce are the most handled case by the Bantul Religious Court. Every registered divorce cases must go through a mediation process before ride into the trial by following the mandate of the Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Courts. Divorce cases registered in 2018-2020 out of 1,286 mediated cases, there were 58 cases that were surely mediated and 479 cases which failed to be mediated. Based on that statistic, it can be seen that the results of mediation in divorce cases at the Bantul Religious Court are still insignificant. Therefore, it is interesting to study in view of that the mediators who served in the Bantul Religious Court were already certified. What are the role of the mediator in the mediation process in divorce cases and the influence of the condition of the community's household problems in the case of the success rate of mediation at the Bantul Religious Court are the questions that would be answered in this study. This type of research is field research using a sociological approach. While the data analysis method used is a qualitative method that produces descriptive-analytic data. In the data collection method, compilers use the form of observation, interviews, and documentation. The results showed that the mediators who served in the Bantul Religious Court had carried out their duties optimally and were serious in reconciling the parties in litigation. This is evidenced by the ability of the mediators to reconcile cases that are the impact of divorce such as child custody, sharing of joint assets, post-divorce livelihoods, etc. which are in PERMA NO. 1 of 2016 is called the partial peace agreement. However, by the maximum role of the mediator, there is one important thing that determines the success of the mediation, that mean there is an influence on the condition of the case taht being mediated. The conditions for divorce cases that have been submitted to the Bantul Religious Court were dominated by cases that are already critical and have a high level of complexity, namely around 80%, a medium level around 15%, and low level around 5% by 1,286 mediated divorce cases. Besides the aforementioned factors, there are several other factors that hinder the goal of mediation, namely; a) The parties (the plaintiff / applicants) already determined to divorce, b) The good will of the parties or the defendant that did not attend, c) the level of public awareness, d) mediation is considered only as a formality, and c) the mediation time provided by the Bantul Religious Court is considered too short.

Item Type: Thesis (Masters)
Additional Information: Dr. ABDUL MUJIB, M.Ag.
Uncontrolled Keywords: Divorce Case, mediation, professional mediator, PERMA No. 1 of 2016.
Subjects: Ilmu Hukum
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Drs. Mochammad Tantowi, M.Si.
Date Deposited: 01 Nov 2021 18:06
Last Modified: 01 Nov 2021 18:06
URI: http://digilib.uin-suka.ac.id/id/eprint/46192

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