Analisis Penyelesaian Sengketa Terhadap Perkara Perceraian Pasca Berlakunya Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan di Lingkungan Peradilan Agama

Sari, Aulia (2021) Analisis Penyelesaian Sengketa Terhadap Perkara Perceraian Pasca Berlakunya Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan di Lingkungan Peradilan Agama. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Mediation is a negotiation process carried out by a third party. The third party in this case has certain authority in making decisions and assisting the parties to resolve the dispute at hand. In this case, in order to reduce the divorce rate, the Supreme Court made a regulation regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. The main problem in this study is how the implementation of dispute resolution after the enactment of the Supreme Court regulation number 1 of 2016 concerning mediation procedures in courts for divorce cases in the religious court environment and how the effectiveness of mediation in the implementation of divorce dispute resolution in the religious court environment. The legal research method used in this research is empirical legal research with analytical descriptive nature using data collection tools through interviews, questionnaires, and documentation. The research locations selected were the Pekanbaru Religious Court and the Painan Religious Court. The data collection technique used sensus sampling method. Meanwhile, the method of drawing conclusions used in this study is inductive, namely combining specific arguments to the general public. Based on research conducted by the authors of mediation at the Pekanbaru Religious Court and the Painan Religious Court, this can be seen in the 2018 case at the Pekanbaru Religious Court, of the 829 cases mediated, only 25 cases were successful, 402 cases were unsuccessful, and 29 cases failed to be mediated and in the Painan Religious Court of the 60 cases mediated only 2 cases were successful, 48 cases were unsuccessful and 2 cases failed to be mediated. And in 2019 at the Pekanbaru Religious Court of the 338 cases mediated only 11 cases were successful, 251 cases were unsuccessful and 6 cases failed to be mediated and at the Painan Religious Court out of 67 cases mediated only 1 cases were successful, 60 cases were unsuccessful and 5 cases failed to be mediated. This can be proven by the data that the author managed to get and seen from the factors of the parties where the parties have agreed to want a divorce or one of the parties is very sure to divorce.

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