EFEKTIVITAS MEDIASI DI PENGADILAN AGAMA YOGYAKARTA (STUDI PERKARA EKONOMI SYARIAH TAHUN 2020-2022)

Chelvin Deafanny Rezaldy, NIM.: 19103080042 (2023) EFEKTIVITAS MEDIASI DI PENGADILAN AGAMA YOGYAKARTA (STUDI PERKARA EKONOMI SYARIAH TAHUN 2020-2022). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Mediation is an alternative dispute resolution method that has been required as a formal procedure in resolving civil cases in the Civil Court since 2008, including resolving economic sharia cases that are the absolute competence of the Religious Court. This is expected to reduce the number of cases and prevent prolonged case resolution. However, in its implementation in the Yogyakarta Religious Court, it is in applying mediation, this can be seen based on court data that out of 25 economic sharia mediation cases in 2020-2022, only 2 cases were successful. To investigate the factors affecting the effectiveness of Sharia economic mediation implementation in 2020-2022 in the Religious Court of Yogyakarta, the main issue in this research is the governance of mediation in the Yogyakarta Religious Court and the effectiveness of mediation in economic sharia cases in 2020-2022 in the Yogyakarta Religious Court. This research is a field research using qualitative analysis that is prescriptive-analytical, with a juridical-empirical approach. The data collection technique is observation, interview and documentation. The research analysis uses the deductive reasoning method by drawing conclusions from general problems facing the issues, in this case, the implementation and problems of economic sharia mediation in the Yogyakarta Religious Court in 2020-2022 and then analyzing it using two theoretical frameworks, the good governance theory and the Lawrence M. Friedman legal system theory, to obtain accurate and correct conclusions. The results of this study are as follows. First, the Yogyakarta Religious Court in managing the implementation of mediation does not meet the principles of good governance. Only the strategic vision indicator was fulfilled and improvement is needed such as providing a suggestion box, transparency in recruiting non-judge mediators, and evaluating mediator performance to fulfill other principles. Second, in the period of 2020-2022, the Yogyakarta Religious Court has a good legal culture as the community already has good intentions in conducting mediation. However, what makes the implementation of economic sharia mediation in the Yogyakarta Religious Court not effective during this period is due to the need for improvement in legal substance related to mediator recruitment and there is a legal structure, judge mediators and non-judge mediators who are not professional in enforcing economic sharia mediation.

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