Mediasi Dalam Penyelesaian Perkara Harta Bersama Di Pengadilan Agama Teluk Kuantan

Agustian, Elvin Triandesa (2021) Mediasi Dalam Penyelesaian Perkara Harta Bersama Di Pengadilan Agama Teluk Kuantan. Other thesis, Universitas Islam Riau.

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Abstract

This study discusses the implementation of mediation in the Religious Courts. The research is focused on mediating joint property cases. Where in the first trial the Panel of Judges must seek mediation against the parties with the assistance of a mediator judge. Mediation is a process that is private, not open to the public and cooperative in resolving a problem. The implementation of mediation in general can maintain a good bond between the disputing parties after a difference of understanding occurs. Success in the mediation process is related to the ability of the mediator. The role of the mediator is so important in efforts to reconcile disputes between husband and wife by providing direction or advice. In reality, very few case decisions can end in peace. The main problems in this study are (1) What is the role of mediation in resolving joint property cases at the Teluk Kuantan Religious Court and (2) How is the effectiveness of the implementation of mediation in resolving joint property cases at the Teluk Kuantan Religious Court. This study uses a sociological legal research method (empirical) or observation (observation research) by means of a survey, namely by going down the field to obtain information, while the nature of this research is descriptive analysis, namely the researcher provides an overview and analyzes a complete, detailed and clear statement in In this study and in, and in this study the author uses a sample with the main data used in this study is primary data by using data collection tools in this study are interviews and questionnaires and secondary data only as supporting data, obtained by conducting document studies. In this field study the author uses the author's data analysis method based on qualitative methods, namely the analysis that connects with the legislation. In the results of the study, it is known that the implementation of mediation at the Teluk Kuantan Religious Court and the role carried out by the mediator judge is in accordance with Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. the lack of effectiveness in the implementation of mediation is due to the lack of understanding of the parties about the meaning and purpose of mediation and more concerned with their respective advantages which causes the low success rate of mediation at the Teluk Kuantan Religious Court.

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