ANALISIS YURIDIS KOMPARATIF TINGKAT KEBERHASILAN MEDIASI PERKARA PERCERAIAN DENGAN PERKARA NON PERCERAIAN DI PENGADILAN AGAMA DIY

Gita Nur Ismilah, NIM.: 20103040124 (2024) ANALISIS YURIDIS KOMPARATIF TINGKAT KEBERHASILAN MEDIASI PERKARA PERCERAIAN DENGAN PERKARA NON PERCERAIAN DI PENGADILAN AGAMA DIY. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Mediation is a dispute resolution process to reach mutual agreement by involving a third party as a Mediator who does not have the authority to make decisions. Every civil case that enters the Court, before the lawsuit is examined, mediation must be attempted first. Based on the results of preliminary observations made by the authors at the Yogyakarta Special Region Religious Courts, the success rate of mediation is still very low. In the Yogykarta City Religious Court, the mediation success rate is only 2.8%. In Bantul Religious Court, the mediation success rate is only 5.9%, and in Sleman Religious Court it is only 6.2%. Divorce cases are relationship conflicts that focus on relationship status and involve strong emotions. Meanwhile, non-divorce cases (inheritance cases and joint property cases) are content conflicts that focus on materials, such as money, property, and other valuable assets. The purpose of this study is to determine the success rate of mediation between divorce cases and non-divorce cases in the Yogyakarta Special Region Religious Courts and the obstacles to successful mediation between divorce cases and non-divorce cases in the Yogyakarta Special Region Religious Courts. The type of research used in the preparation of this thesis is jurisempirical with a psychology of law approach. The nature of the research used is descriptive-analytical. Data collection techniques were carried out using observation, interview, and documentation methods. The sources of this research are Mediators at the Yogyakarta City Religious Court, Bantul Religious Court, and Sleman Religious Court. The theories used are mediation theory and interpersonal conflict theory. The results showed that in the three Religious Courts of Yogyakarta Special Region in 2023, the success rate of mediation in divorce cases was lower than in non-divorce cases. In the Yogyakarta City Religious Court, the success rate of divorce cases was only 6.34% and non-divorce cases 16.67%. In Bantul Religious Court, the mediation success rate of divorce cases is only 8.61% and non-divorce cases 75%. In Sleman Religious Court, the mediation success rate of divorce cases was only 7.1% and non-divorce cases 20%. The difference in the success rate of mediation between divorce cases and non-divorce cases is influenced by several factors, such as the type and complexity of the conflict, emotional involvement, openness of communication, and alternative solutions that can be achieved. The obstacles in the success of mediation in divorce cases and non-divorce cases in DIY religious courts are the absence of the parties, high emotion, strong desire of the parties, and low legal knowledge in the community.

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