Implementasi Mediasi Dalam Penyelesaian Perkara Perceraian Tahun 2021 Di Pengadilan Agama Pekanbaru

Amrina, Nadia Khairi (2022) Implementasi Mediasi Dalam Penyelesaian Perkara Perceraian Tahun 2021 Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Mediation is one way of resolving disputes through a negotiation process to obtain an agreement between the parties with the assistance of a mediator. Religious courts apply mediation to every civil case that is contested, not to mention divorce cases. From that, the religious court requires parties who want to divorce to go through the mediation process as regulated in Perma No. 1 of 2016. Although the mediation provisions have been regulated, what is happening in the field is still a high number of mediation failures in divorce cases at the Pekanbaru Religious Court. Thus, causing the ineffective implementation of mediation at the Pekanbaru Religious Court. The problems in this study are: 1) How is the implementation of mediation in divorce at the Pekanbaru Religious Court, 2) How are the efforts of the Pekanbaru Religious Court in reducing the number of mediation failures in divorce cases. The purpose of this study is to find out how the implementation of mediation at the Pekanbaru Religious Court and the efforts made by the Pekanbaru Religious Court in reducing the number of mediation failures that occur in divorce cases. The research method used by the author is the sociological method, namely research conducted to obtain more complete data by using interviews and questionnaires directly from the research location. The author conducted research at the Pekanbaru Religious Court. The types and sources of data used are primary data and secondary data. Drawing conclusions in research is carried out in a deductive way, namely drawing conclusions from general things to specific things. The results of the thesis research that the authors get are that the implementation of mediation in divorce cases at the Pekanbaru Religious Court is in accordance with what has been regulated in Perma No. 1 of 2016, but even though the Religious Courts have carried out mediation procedures according to the provisions in the Perma, the mediation failure rate is still high in divorce cases, causing the implementation of mediation to be less effective in reconciling the divorced parties. The number of parties who do not have good intentions during the mediation process is one of the obstacles to the success of mediation. The efforts of the Pekanbaru Religious Court in reducing the number of mediation failures by providing the best facilities for the parties conducting mediation, evaluating the mediator judge, carrying out mediation at least 2 times, conducting caucuses if necessary, explaining the purpose, benefits and objectives of mediation and providing appropriate solutions. the best for the problems faced by the parties.

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