ANALISIS PERAN MEDIATOR NON-HAKIM DALAM MEDIASI PERKARA PERCERAIAN DI PENGADILAN AGAMA KOTA YOGYAKARTA TAHUN 2021-2022

Aisah Eka Rizqi Saputri, NIM.: 20103050130 (2024) ANALISIS PERAN MEDIATOR NON-HAKIM DALAM MEDIASI PERKARA PERCERAIAN DI PENGADILAN AGAMA KOTA YOGYAKARTA TAHUN 2021-2022. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Mediation in the Religious Courts is a process of trying to reconcile between a husband and wife who have filed for divorce. Where at the first hearing the Case Examining Judge asks the parties to choose a mediator from the list of mediators owned by the court or mediators outside the court list. At the Yogyakarta City Religious Court, the implementation of mediation has gone well in accordance with the provisions of PERMA Number I of 2016 concerning Mediation Procedures in Court, however, the results of mediation often do not produce an agreement and fail to encourage couples to reconcile. The aim of this research is to find out and explain: (1) The practices and methods of non-judge mediators in mediating divorce cases at the Yogyakarta City Religious Court and (2) The effectiveness of mediation by non-judge mediators at the Yogyakarta City Religious Court. This research is field research which is descriptive-analytic in nature. The primary data source for the research is interviews with non-judge mediators who mediate divorce cases in the Yogyakarta city religious courts. Meanwhile secondary data sources are books, journals and scientific articles. The data collection techniques use interview, documentation and literature study methods. The data analysis used is data reduction analysis, data presentation and drawing conclusions. The results of this research conclude that: Firstly, like judge mediators in conducting mediation, non-judge mediators at the Yogyakarta City Religious Court always try to achieve peace regarding the parties' problems. In practice, non-judge mediators have more flexible time and sometimes even take the initiative to bring in parties who may play a helpful role in the mediation process with the aim of providing input so that the divorce can be annulled. In contrast to judge mediators who often prioritize a formal approach and do so with faster due to limited time and the large backlog of cases that must be resolved immediately as a judge. Secondly, in the mediation process there is no difference in the roles played by judge mediators and non-judge mediators. Thirdly, in the process of implementing mediation by non-judge mediators regarding divorce cases, looking at PERMA Number 1 of 2016 at the Yogyakarta City Religious Court it has not been effective, and the role of the Mediator as a mediator or mediator between the parties in the case has not been optimal in carrying out its functions. So the divorce rate in the Yogyakarta City Religious Court is high. Several factors that hinder the effectiveness of mediation are legal compliance with PERMA provisions, the time of the mediation process

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