MEDIASI TERHADAP PENYELESAIAN PERKARA CERAI GUGAT DI PENGADILAN AGAMA BIMA TAHUN 2015-2022 DITINJAU DARI SOSIOLOGI HUKUM ISLAM

Saitul Mahtir, S.H., NIM.: 21203011002 (2023) MEDIASI TERHADAP PENYELESAIAN PERKARA CERAI GUGAT DI PENGADILAN AGAMA BIMA TAHUN 2015-2022 DITINJAU DARI SOSIOLOGI HUKUM ISLAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis research examines how the judge's mediator strategy in mediating divorce cases is contested using the application of Islamic law sociology in the Bima Religious Court. Then the researcher formulates the 3 (three) main issues broken down into several sub-problems, namely: 1) Why mediation of divorce cases is contested, 2) What is the strategy of judges in mediating divorce lawsuits at the Bima Religious Court, and 3) What is the Sociological Review Islamic Law Against Increasing Divorce Lawsuits in the Bima Religious Court. This study aims to analyze the strategy of mediator judges in mediating divorce lawsuits at the Bima Religious Court and then to find out the causes of failure and review with the sociology of Islamic law. This type of research is classified as field/qualitative research (filed research) by taking the research location at the Bima Religious Court using an empirical juridical approach. Then this research is descriptive analytical. The data sources used observational data collection techniques, interviews with judges at the Bima Religious Court, documentation and literature searches and related references. Then the data that has been collected is processed using reduction analysis, presentation and drawing conclusions. Based on the results of the research, the author of the analysis uses the theory of Social Facts by Emile Durkheim. According to Emile Durkheim, social facts are all ways of acting that can apply to individuals or it can be said that all ways of acting that are commonly used in society where real and accurate data are needed to understand them. The results of these observations are said to be social facts in any way that can raise social phenomena in society. Then the author implements the facts that occurred at the Bima Religious Court in the Divorce Mediation process. From this research, there are factors behind the failure of mediation at the Bima Religious Court. 1) The language gap between the mediator and the parties, 2) The parties are not in good faith, 3) Lack of licensed or certified mediators, 4) Backlog of cases, 5) Lack of facilities and infrastructure. Then there are several strategies carried out by judges in resolving divorce cases in the Bima Religious Court. 1) Opening, 2) Introduction, 3) Calling, 4) Asking the root cause. Sociology of Islamic law views that the increase in women who file for divorce at the Bima Religious Court is due to factors such as early marriage, drinking and drunkenness, low economy and education. The majority of people in the Bima Region work on the mountains and at sea, automatically they have to always be physically and mentally fit to work. They strengthen with drug supplements such as liquor, alcohol and others that contain alcohol. So the wife is vulnerable to drunkenness, loss of consciousness and in the end, as an outlet, is the wife due to an empty mind due to drunkenness, which causes domestic violence.

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