Hafiz, M. Jiddan (2025) Tinjauan terhadap Efektifitas Pelaksanaan Mediasi Berdasarkan PerMa Nomor 1 Tahun 2016 dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

The peace efforts referred to in Article 130 paragraph (1) HIR/ Article 154 R.Bg and Article 82 paragraph (1) and 4 of the Religious Court Law are imperative. This means that the judge is obliged to reconcile the disputing parties before the start of the trial process and if the peace efforts are not implemented, the resulting decision can be null and void by law. The judge tries to reconcile in good ways so that there is a meeting point so that there is no need for a long and tiring trial process. The peace process still prioritizes the interests of all disputing parties so that all feel satisfied and no one feels disadvantaged. One of the objectives of PERMA Number 1 of 2016 is to reduce the backlog of cases at the Supreme Court, so Perma Number: 1 of 2016 requires Mediation before the case examination process. The problem that occurs is how effective the implementation of mediation and the function of the mediator are in resolving divorce cases at the Pekanbaru Religious Court and what influences and hinders the implementation of the mediation, thus causing the failure of mediation at the Pekanbaru Religious Court. Meanwhile, divorce cases received at the Pekanbaru Religious Court in 2023 amounted to 2,163 consisting of 1,622 divorce lawsuits and 541 divorce cases, 65 divorce lawsuits that were mediated, 7 cases were successful, 58 cases were unsuccessful, 40 divorce divorce cases that were mediated, 4 cases were successful, 36 cases were unsuccessful. To answer this question, this research is a sociological legal research that emphasizes what is behind what is seen from the application of the Law, while the object of study is the Empirical facts of the interaction of Law and society. When viewed from its nature, this research is descriptive analytical which explains a problem that is casuistic in nature by describing the case being studied based on the relationship between theory and reality. The data collection tools are through observation and interviews by drawing conclusions inductively. The results of the study show that the mediation process based on PERMA Number: 1 of 2016 has been implemented and practiced at the Pekanbaru Religious Court but has not been effective. The benchmark can be seen quantitatively and qualitatively. Meanwhile, if viewed from the function of the mediator, the mediator at the Pekanbaru Religious Court has not carried out its function optimally, mediation is carried out only to fulfill existing provisions but has not achieved the objectives of the regulation. The causes of the ineffectiveness of the mediation process at the Pekanbaru Religious Court can be seen in terms of socialization and commitment of the Court, mediator, parties and in terms of mediation time. The factors that influence and inhibit the implementation of mediation can be seen first from the mediator's perspective, this is divided into three, namely: the quality of the mediator, the mediator's perception and the mediator's motivation. Second, community habits, where the community before bringing their case to court has been reconciled first among families and religious leaders. Third, the absence of the parties and Fourth, the lack of facilities and infrastructure.

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