Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Vol. 9 No. 2 (2023): October, 2023

Function of Non-Judge Mediators in Divorce Settlement Through Religious Courts

Mardalena Hanifah (Universitas Riau)
Meidana Pascadinianti (Universitas Indonesia)



Article Info

Publish Date
31 Oct 2023

Abstract

Marriage is carried out until the death of one of the husband and wife. In certain conditions, some things require the dissolution of a marriage, meaning that if the marriage relationship continues, harm will occur which will lead to divorce. Mediation as an out-of-court dispute resolution process is used by courts as a divorce settlement process. Mediation is carried out by a mediator, both a judge mediator and a non-judge mediator. The problem discussed is how to resolve divorce cases through mediation by non-judge mediators in the Religious Courts. The research method used is empirical research with qualitative analysis. Qualitative analysis is a study related to the integration of the substance of laws and regulations on divorce mediation and resolution in Religious Courts. Based on the results of research, the mediation process in the Religious Courts must be carried out by PERMA Number 1 of 2016 concerning Mediation Procedures in Courts, in line with islah as a peacemaker in Islam which has been carried out in the Religious Courts by mediator judges and non-judge mediators. The results of the study show that the success rate is very low. The cause of the failure of divorce settlement through mediation in the Religious Courts is the parties have the intention to divorce, making mediation only a requirement. In addition, the effectiveness of the mediator's function comes from the mediator's skills in handling divorce cases and the awareness of the parties to improve the household and the need for laws on mediation.

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Journal Info

Abbrev

ulj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Unnes Law Journal is a peer-reviewed scholarly journal that publishes high-quality research on Indonesian law and its interaction with regional and global legal developments. Established in 2012, the Journal aims to advance rigorous legal scholarship and promote evidence-based discourse on law, ...