Efektivitas Peran Mediator Dalam Upaya Penyelesaian Sengketa Cerai Gugat Di Pengadilan Agama Pekanbaru Kelas 1a

Septiani, Juanita (2022) Efektivitas Peran Mediator Dalam Upaya Penyelesaian Sengketa Cerai Gugat Di Pengadilan Agama Pekanbaru Kelas 1a. Other thesis, Universitas Islam Riau.

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Abstract

Divorce cases in Indonesia are increasing from year to year, both in the Religious Courts and in the District Courts. Especially in the Religious Courts Divorce cases are the most widely handled cases, both divorced and divorced. To control the accumulation of cases in the courts, the government made PERMA No. 1 of 2016 which regulates the conditions for the completion of mediation cases. In the mediation process, a mediator is needed as a third person who bridges the process. This research was conducted at the Religious Courts Class I A Pekanbaru which specifically examines the role of mediators in handling divorce cases in the Religious Courts Class I A Pekanbaru. The main problem in this study is how the role of the mediator judge in supporting the success rate of mediation at the Pekanbaru Religious Court Class I A and what obstacles are faced by the mediator judge when mediating at the Pekanbaru Class I A Religious Court. This research was conducted by means of Observational Research and the method of drawing conclusions with the deductive method which looks at the steps taken by the Mediators to make the mediation process successful in reconciling the parties. The results of this study are After looking at the description of the results of the research above, the writer concludes that mediation is very necessary to be carried out as a middle way in helping resolve disputes or disputes that occur between the two parties. The existence of this mediation will save time, cost and facilitate the court in the process of handling a case. The rules regarding the necessity of mediation are stated in PERMA No: 1 of 2016 with the aim of finding a peaceful way out of every dispute before the case enters the realm of Litigation and if the mediation is successful then the accumulation of cases in the Religious Courts will be reduced. With this mediation route, it will be easier and cases that are currently happening will be resolved more quickly. The obstacles found by the Mediator in carrying out the mediation process are: The main factor that makes the media's role not optimal is the reluctance of the parties to make peace on the grounds that there have been many disputes and no desire to pursue the path of peace. So to reduce the occurrence of failed mediation because of these obstacles, the most important thing to do is make the parties aware of the disadvantages of continuing the dispute and touch the hearts of the parties to make peace. Obtaining an analysis of the role of the Mediator Judge in handling disputes and/or disputes between the two parties, that the mediator judge is the most important part in conducting the mediation process. The obstacles found by the Mediator in carrying out the mediation process are, The main factor that makes the role of the media not optimal is the reluctance of the parties to make peace on the grounds that there have been many disputes and there is no desire to pursue a peaceful path.

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