Utami, Wan Esi Tri (2023) Pelaksanaan Mediasi Oleh Hakim Mediator Pada Perkara Cerai Gugat Di Pengadilan Agama Kabupaten Natuna. Other thesis, Universitas Islam Riau.

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Abstract

Mediation is an effort made by a third party (mediator) to reconcile the parties concerned by presenting and discussing the resolution of the dispute in accordance with the agreed agreement. The mediation procedure is contained in PERMA Number 1 of 2016 concerning Mediation Procedures in Court. Based on "Article 1 mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the Parties assisted by the Mediator". In accordance with "Article 3 Number 1 of 2016 Every Judge, Mediator, Parties and/or attorneys are required to follow the procedure for resolving disputes through mediation" The problems in this study include, namely, how is the form of mediation carried out by the mediator judge in the divorce case contested at the Natuna district religious court. And how are the efforts of the mediator judges in handling divorce cases contested at the Natuna Regency Religious Court. This research is included in the category of empirical legal research. This is a type of research that uses secondary data (from the library) and is supported by primary data, such as an interview with someone whose statement is needed. And for the nature of this research is descriptive it can also be described as research in which the data collection process allows the researcher to produce a description of the social phenomenon under study. This research shows that the implementation of mediation by judges in divorce cases at the Natuna Religious Court was not successful. This can be seen from the fact that there are still many couples or both parties who cannot be reconciled and must be resolved by trial. This failure was caused by the plaintiff's strong desire to divorce. The efforts of the Natuna Religious Court to minimize mediation failures in divorce cases are being sued by paying attention to the expertise of the mediator, carrying out the mediation process in accordance with PERMA No. 1 of 2016, and a spiritual approach

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