TINJAUAN PELAKSANAAN PROSES MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN (STUDI PENGADILAN AGAMA BANTUL TAHUN 2020-2022)

Muhammad Balya Ubayya, NIM.: 20103040125 (2023) TINJAUAN PELAKSANAAN PROSES MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN (STUDI PENGADILAN AGAMA BANTUL TAHUN 2020-2022). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Mediation in general is a form of Alternative Dispute Resolution or known as Alternative Dispute Resolution (ADR). Based on data from the Supreme Court, the success rate for implementing mediation in the Religious Courts has only reached 20% with marriage cases occupying the highest rate compared to other cases, especially divorce cases. The Bantul Religious Court is one of the courts that handles the highest number of divorce cases in the Special Region of Yogyakarta (DIY), where the community is strongly religious. This research includes field research, which uses an empirical juridical approach. The primary data that will be used are the results of interviews with Mrs. Maulina Nuril Izzati as judge mediator and Mr. Abdul Mujib and Mr. Agus Suprianto as non-judge mediators, the 1945 Constitution, HIR, R.Bg, and PERMA No.1 of 2016 and secondary data obtained from journals, papers, books, and so on. Data collection techniques use interviews, documentation, observation, and literature study. The analysis method is qualitative so descriptive data is produced with a thinking framework in the form of an inductive method. Combined with a theoretical framework in the form of mediation theory and legal effectiveness theory. The research results obtained data on an increase in the percentage of success in the mediation process for divorce cases at the Bantul Religious Court, namely in 2020 it was 0.04% from 425 cases that were mediated with success in 17 cases, in 2021 it was 0.05% from 403 cases with success in 20 cases, and in In 2022, it will increase to 0.28% from 373 cases mediated with success in 98 cases. The mediation process in resolving divorce cases, especially at the Bantul Religious Court, is stated to be quite effective. This cannot be separated from the role of judge and non-judge mediators in the form of building communication between parties by removing obstacles, reframing, designing and creating mediation rules, as well as implementing strategies to support the success of the mediation process, such as by providing stories of the past, inviting the parties to exchange positions. parties, giving advice, and so on. Meanwhile, in the mediation process for divorce cases, there are inhibiting factors, including the problem being serious, the parties already being divorced, the problem being raised following the Marriage Law and KHI, and so on. On the other hand, some factors support the success of the mediation process, including adequate facilities and infrastructure, the desire of the parties to reconcile, reframing, and so on

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