Ananda Sekar Ayu Windi Aprilia
Universitas Islam Indonesia

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Peran Mediator dalam Penyelesaian Sengketa Harta Waris dalam Mediasi di Pengadilan Agama Kabupaten Madiun Ananda Sekar Ayu Windi Aprilia; Bambang Sutiyoso
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 4 (2026): Hukum Inovatif: Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i4.3565

Abstract

The low success rate of mediation in the Madiun Regency Religious Court in cases of inheritance disputes can be influenced by several factors including the mediator factor. The purpose of this study is to examine and analyze the role of the mediator in resolving inheritance property disputes and the factors that influence the mediator in resolving inheritance property disputes at the Madiun Regency Religious Court. This research is empirical juridical research using a case approach. Based on the results of the study, it can be concluded that the role of the mediator at the Madiun Regency Religious Court in resolving inheritance property disputes is not optimal based on the benchmarks made. The benchmarks include the mediator being able to lead mediation by creating a conducive atmosphere, being able to understand the problem material that occurs, playing an active role and digging up information to the root of the problem not only being a formality, and being able to provide suggestions or peace options. However, based on the results of the research that mediators at the Madiun Regency Religious Court have not played an optimal role because they get cases that are not actually their field due to the limitations of certified judge mediators. To provide peace advice requires an understanding of the material of the case being handled. Supporting factors include infrastructure, the goodwill of the parties, the ability of the mediator. While the inhibiting factors include the parties, juridical factors, mediation time, mediators, and lawyers.