EFEKTIVITAS MEDIASI PADA PENYELESAIAN SENGKETA PERCERAIAN DI PENGADILAN AGAMA BANTUL TAHUN 2023

Muhammad Aufa Aiman, NIM.: 20103040167 (2024) EFEKTIVITAS MEDIASI PADA PENYELESAIAN SENGKETA PERCERAIAN DI PENGADILAN AGAMA BANTUL TAHUN 2023. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research aims to (1) explain the mediation process in the settlement of divorce disputes at the Bantul Religious Court in 2023; (2) explain the extent to which the mediation process shows the success of the settlement of divorce disputes at the Bantul Religious Court in 2023 is effective; and (3) the effectiveness of mediation in the settlement of divorce disputes at the Bantul Religious Court in 2023. The research employed a field research methodology and was descriptive-analytical in nature. Data collection techniques included documentation and interviews, while data analysis was conducted using a deductive framework. This research found several conclusions, namely: (1) The mediation process in resolving divorce disputes at the Bantul Religious Court in 2023 shows that mediation acts as an initial effort to create constructive dialogue between the parties to the dispute. The level of success is still quite limited because it is influenced by various factors, both supporting and inhibiting. The success of the mediation process is often hampered by deep-seated conflicts, the unwillingness of one party to reconcile, and negative perceptions of the other. (2) The impact map of divorce mediation in Bantul Religious Court shows three main outcomes. First, mediation is fully successful when the couple reaches an amicable agreement without proceeding to trial, resulting in a mutually beneficial solution and a positive impact on the family and community. Second, mediation is partially successful when only some aspects of the conflict are resolved, while complex issues still require a judge's decision. Thirdly, mediation is unsuccessful if deep-seated emotions prevent an agreement, forcing the couple to proceed to formal court. The success of mediation depends on the couple's openness to dialogue and working together to find a solution. (3) Supporting factors for the mediation process in resolving divorce disputes at the Bantul Religious Court in 2023 are the mediator's ability to communicate and negotiate. Supporting factors from the parties involved in mediation are the parties who realise their mistakes in filing a lawsuit or divorce application and have a desire to reunite. The inhibiting factor of the mediation process in the settlement of divorce disputes at the Bantul Religious Court in 2023 is the mediator due to the lack of human resources in terms of mediators in the Religious Court. The inhibiting factor from the disputing parties is the cumulation of lawsuits related to joint property and the lack of socialisation to the community about the importance of maintaining a marriage.

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