TINJAUAN SOSIOLOGI HUKUM TERHADAP FAKTOR KEGAGALAN MEDIATOR HAKIM DALAM MEDIASI PERKARA PERCERAIAN (DI PENGADILAN AGAMA CIAMIS TAHUN 2022)

Mochamad Dhimas Danindra Putra, NIM.: 20103040063 (2024) TINJAUAN SOSIOLOGI HUKUM TERHADAP FAKTOR KEGAGALAN MEDIATOR HAKIM DALAM MEDIASI PERKARA PERCERAIAN (DI PENGADILAN AGAMA CIAMIS TAHUN 2022). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Mediation is an innovation by the Supreme Court in an effort to resolve disputes by reconciling the disputing parties by involving third parties as mediators and advisors with the aim of finding a fair resolution, without having the authority to make decisions. Religious Courts are appointed to carry out mediation in the procedural process based on the reference to PERMA No.1 of 2016 concerning Mediation Procedures in Courts, with the provision of facilities, facilities and mediators certified by the Supreme Court so that legal effectiveness can be fulfilled. The judge mediator or non-judge mediator takes part in a fully successful mediation. This is confirmed by the high number of divorce applications at the Ciamis Religious Court, reaching an average of 5,000/year. Meanwhile, in 2022, mediation success will only be 3% of the 204 cases that were mediated. In research related to the failure of judge mediators in mediating divorce cases at the Ciamis Religious Court, field research was applied to direct objects. This research is a descriptive-analytical research, namely describing the data and analyzing the data that has been obtained using a juridical-sociological approach to see whether it is in accordance with the norms and legal implementation that occurs in the function of community life. By analyzing data or research results using mediation theory, legal effectiveness theory, and legal sociology theory. The results of this research, First, the implementation of mediation at the Ciamis Religious Court with a judge as a mediator was carried out based on PERMA No.1 of 2016 concerning Mediation Procedures in Court. The low success rate of mediation with a judge mediator comes from factors of the parties and factors from the judge's condition. As from the results, Second, the legal effectiveness of successful mediation is influenced by law enforcement factors. Judges who function as judge mediators in mediation, have limited time due to the limited number of judges, and can affect the effectiveness of the results of implementing PERMA No. 1 of 2016 with minimal success in mediation with judge mediators at the Ciamis Religious Court. Third, the busyness of judges in their functions has had an impact on the delegation of mediation to non-judge mediators. The indicators for the success of mediation are far from being met due to the low success rate of mediation at the Ciamis Religious Court due to the lack of good faith between the parties, the inefficient role of the judge mediator, and the competence of the mediator.

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