THE ROLE OF JUDGE MEDIATOR AND NON-JUDGE MEDIATOR IN HEIRS DISPUTE RESOLUTION AT RELIGIOUS COURT PEKANBARU

Candra, Anton Afrizal THE ROLE OF JUDGE MEDIATOR AND NON-JUDGE MEDIATOR IN HEIRS DISPUTE RESOLUTION AT RELIGIOUS COURT PEKANBARU. In: 3 rd Internasional Conference On Islamic Law In Indonesia.

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Abstract

Dispute settlement through mediation constitutes way of resolution towards negotiation and peaceful in order to achieve consensus of the parties aided by mediator. It is as explained in PERMA No 1/2016 on Mediation Procedure at Court. Mediation is process of non-litigation. There two kinds of mediation which consist of litigation and non-litigation committed out of the Court regulated by Act No.30/99 on Arbitration and Alternative of Dispute Resolution and mediation performed inside the Court is ruled in PERMA No.1/2016 on Procedure of Mediation in the Court. Phenomena growth in Religious Court at Pekanbaru, occurs many heirs case but unable to be solved by mediation. It means that mediation in the Court years to years doesn’t give significant mashlahah impact despite of there are are greatly sides of Mahslahah in such ways, but the real condition that level of success of mediation is still low. The goals of this research consist of the intention to seek the important rule of Judge Mediator and Judge Non Mediator in resolution of Heirs Settlement in Pekanbaru Religious Court. This research is a kind of Legal Sociology which this legal method utilized to see law in concrete definition and search on how the function effectively law in community’s surroundings.Data collection technic applies purposive sampling method, interview before mediator judge and mediator non-Judge. The result of the research summarized that the role of the judge mediator and Non-Judge in the effort to reconcile the parties rated remain low which can be proved by the data seen in Religious Court of Pekanbaru in 2015/2016 from 11 cases mediated there are only 2 disputes successfully reconciled. On other hands that the result of such way is less maximal because of many factors effect it.

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