International Journal Ihya' 'Ulum al-Din
Vol 26, No 1 (2024)

Failure of Good Faith in Mediating Divorce Cases in Religious Court

Muhammad Saifullah (Universitas Islam Negeri Walisongo Semarang)
Khoirul Anwar (Universitas Islam Negeri Walisongo Semarang)
Ali Murtadho (Universitas Islam Negeri Walisongo Semarang)
Ferry Khusnul Mubarok (Universitas Islam Negeri Walisongo Semarang)
Cecep Soleh Kurniawan (Universiti Islam Sultan Sharif Ali)



Article Info

Publish Date
20 Jun 2024

Abstract

Divorce mediation carried out outside the court (community) and within court, institutions has yet to be effective even though the government has issued a Supreme Court Regulation regarding mediation in court. The achievement of mediation success, which is still below 5%, has encouraged the Supreme Court to add an article on good faith (article 7, Supreme Court Regulation No. 1 of 2016) as a principle of mediation and the threat of sanctions for parties who do not have good faith. This study aims to reveal how the good faith clause is implemented in resolving divorce conflicts through mediation and sanctions for parties who do not act in good faith at the Pekalongan Religious Court. The data mining method was carried out through interviews with mediators, mediator judges at the Pekalongan Religious Court area, parties to the conflict, and experts in the field of mediation. Data mining was carried out through observational and documentation of domestic conflict studies. The collected data was analyzed through descriptive analysis. This paper concludes that (1) the principles of mediation have not been fully carried out in good faith in resolving divorce conflicts through mediation outside the court, so mediation fails and results in the neglect of protracted conflict issues, (2) mediation in the majority of courts lack of success due to internal and external factors, and (3) the mediator or mediator judge experiences difficulties in implementing sanctions against parties who do not have good intentions in resolving family conflicts. This research recommends that outsied of the court mediation be carried out by professional mediators who support the success of the mediation process in the justice system.

Copyrights © 2024






Journal Info

Abbrev

ihya

Publisher

Subject

Religion Arts Humanities

Description

International Journal IhyaUlum al-Din is an Indonesian journal of Islamic Studies published biannually by the State Islamic University (UIN) Walisongo Semarang Indonesia. The journal was firstly published in March 2000, presented in three languages (English, Arabic, and Indonesian). The journal ...