KEBERHASILAN MEDIASI DALAM PERKARA PERCERAIAN (STUDI KOMPARASI PENGADILAN AGAMA BEKASI DAN PENGADILAN AGAMA CIKARANG TAHUN 2022 - 2023)

Anggi Syahrain, S.H., NIM.: 22203012007 (2025) KEBERHASILAN MEDIASI DALAM PERKARA PERCERAIAN (STUDI KOMPARASI PENGADILAN AGAMA BEKASI DAN PENGADILAN AGAMA CIKARANG TAHUN 2022 - 2023). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (KEBERHASILAN MEDIASI DALAM PERKARA PERCERAIAN (STUDI KOMPARASI PENGADILAN AGAMA BEKASI DAN PENGADILAN AGAMA CIKARANG TAHUN 2022 - 2023)) 22203012007_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (13MB) | Preview
	Text (KEBERHASILAN MEDIASI DALAM PERKARA PERCERAIAN (STUDI KOMPARASI PENGADILAN AGAMA BEKASI DAN PENGADILAN AGAMA CIKARANG TAHUN 2022 - 2023)) 22203012007_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (14MB) | Request a copy

Abstract

The divorce rate in Indonesia has shown a significant increase in recent years, reaching more than 500,000 cases in 2022, with the majority being divorce suits filed by wives. This phenomenon raises concerns about the widespread psychological and social impacts, especially for children. The Supreme Court of the Republic of Indonesia has mandated mediation in divorce cases at Religious Courts as a peaceful resolution effort, but the success rate varies. The difference in mediation effectiveness is evident between the Bekasi Religious Court and the Cikarang Religious Court, despite both being located in adjacent regions. The Bekasi Religious Court showed a decrease in the percentage of successful mediations from 48.57% in 2022 to 36.71% in 2023, while the Cikarang Religious Court experienced an increase from 22.60% to 40.65% during the same period. This gap indicates that there are factors influencing the success of mediation in the two courts, which need to be studied in more depth to identify the causes of the difference. This study applies a field method with descriptive-analytical characteristics using a comparative method. Data was collected through direct interviews (mediators, court clerks, staff) and literature studies (PERMA No. 1 of 2016, mediation data from 2022-2023). Data analysis includes collection, reduction, presentation, interpretation, and drawing conclusions. The theoretical framework used is the Comparative Law Theory for comparing success, Soerjono Soekanto's Theory of Legal Effectiveness (legal factors, law enforcement, facilities, society, culture) for analyzing the factors that influence mediation, and reinforced by Transformative Mediation Theory to explain the dynamics of interaction between the parties through the concepts of empowerment and recognition. The results of the study show that differences in success are greatly influenced by socio-cultural factors that affect the interaction between the parties. At the Bekasi Religious Court, success is hampered by patriarchal culture and low public understanding, which creates a transformative deadlock. As a result, it is difficult for the parties to achieve empowerment and recognition. Conversely, at the Cikarang Religious Court, the religious and cooperative nature of the community serves as a strong foundation for the growth of recognition, facilitated by the mediator's humanistic approach. The final comparison confirms that while the Bekasi Religious Court is more successful in terms of material resources, the Cikarang Religious Court has proven to be more progressive and effective due to the high level of cooperative participation from the parties. This demonstrates that the success of mediation is more determined by socio-cultural factors than merely the availability of facilities.

Share this knowledge with your friends :

Actions (login required)

View Item