Peran Mediator Dalam Mengurangi Tingkat Perceraian Di Wilayah Hukum Pengadilan Agama Rengat Tahun 2019

Setiawan, Agung (2022) Peran Mediator Dalam Mengurangi Tingkat Perceraian Di Wilayah Hukum Pengadilan Agama Rengat Tahun 2019. Other thesis, Universitas Islam Riau.

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Abstract

The peace effort referred to in Article 130 paragraph (1) HIR/Article 154 R.Bg and Article 82 Paragraph (1) and 4 of the Law on Religious Courts is imperative. This means that the judge is obliged to reconcile the disputing parties before the start of the trial process and if the peace effort is not carried out, the resulting decision can result in null and void. One of the goals of PERMA Number 1 of 2016 is to reduce the accumulation of cases in the Supreme Court, then PERMA Number 1 of 2016 requires mediation before the case examination process. Indonesia is a country with a fairly high divorce rate, especially divorce cases in Rengat City which tend to increase every year, in one day, a couple or one of the married couples who register a divorce with the Rengat Religious Court can reach dozens or even tens. As well as the lack of cases that have been completed at the Rengat Religious Court, it is a question of how the role given by the mediator in reducing the divorce rate in the Rengat Religious Court's jurisdiction is and what are the factors that hinder the success of mediation. From the type of research, this research is an empirical law research or sociological legal research. Meanwhile, from its nature, this research is classified as Analytical Descriptive. Primary data is obtained from interviews with mediators and divorced parties which are directly related to the subject matter discussed, while secondary data is data obtained through laws and regulations as binding legal material, which is then supported by books, journals, articles, internet and so on. Data collection techniques by means of interviews, observation, and documentation. Based on the results of the study showed that: 1). The role of the mediator on the success rate of mediation in divorce cases at the Rengat Religious Court cannot be separated from the important role of a mediator in facilitating the parties. Although the success rate is still very low, it must be implemented because this is the mandate of PERMA RI. The application of mediation at the Rengat Religious Court is in accordance with the PERMA RI procedure NO. 1 of 2016 all cases that go to court will be mediated first. The success rate of mediation cases in 2019 was only 1.65% which were successfully mediated out of 93 cases. 2). The inhibiting factors of the success of mediation are a). Absence of the parties b). Past the time limit c). Mediation process in bad faith d). Lack of parties e). The terms of the peace agreement are not fulfilled, f.) put forward each other's ego, and g.) Lack of public knowledge about the role of mediator.

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