STRATEGI KEBERHASILAN MEDIATOR DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PANYABUNGAN SUMATERA UTARA

Habibah Khoiriah, NIM.: 17103040135 (2022) STRATEGI KEBERHASILAN MEDIATOR DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PANYABUNGAN SUMATERA UTARA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The implementation of mediation in the Religious Courts must follow the procedures stated in PERMA No. 1 of 2016 concerning Mediation Procedures in the Religious Courts. Even though the mediator has done mediation in accordance with the procedures in PERMA No.1 of 2016, the mediator is expected to develop and find ways and strategies in conducting mediation, so that mediation is achieved as desired. It was concluded from many studies that mediation was not successful in most cases. However, some mediation practices bring full success where the spouses do not proceed with the divorce proceedings. This research was conducted to identify and examine the policies and strategies used by mediators in resolving divorce cases as described in Decision Number 24/Pdt.G/2022/PA.Pyb and Decision Number 252/Pdt.G/2019/PA.Pyb. This research is descriptive analytical, using an empirical juridical approach. The data collection technique used is interviews with two mediators and conducting a study of several decisions that have been selected. This research uses legal system theory and attitude theory. Interviews were conducted with Mr. Muhammad Hasan Sebyar and Mrs. Nurlaini M Siregar. This study concludes that first, from several divorce cases at the Panyabungan Religious Court, there were several cases that were successful not being forwarded to the next stage of the trial. The case is illustrated in several decisions, among which the author examines them in this study, namely two decisions; Decision Number 24/Pdt.G/2022/PA.Pyb and Decision Number 252/Pdt.G/2019/PA.Pyb. Second, that the mediators use methods and strategies in the implementation of mediation for divorce cases which are indeed different while still firmly referring to the guidelines for the implementation of mediation, namely Perma No. 1 of 2016 concerning Mediation Procedures in Religious Courts. Third, that success is influenced by the strategy taken by the mediator and other factors. Strategies that have an impact on success are good communication with the parties by truly giving the parties freedom to dialogue, self-management in the mediation process so that they can enter themselves into the parties, and caucuses. The influencing factors are the legal substance factor, law enforcers who have experience in training and skills as well as extensive knowledge. In addition, the success of mediation is caused by internal and external factors. These internal factors can be seen from the intentions or good faith of the parties. While external factors are factors that arise from other parties, such as involvement and advice from families, and community leaders.

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