Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Vol 6 No 1 (2026): Al Hakam

DIVERGENCE OF THE ROLES OF MEDIATORS AND ADVOCATES IN DIVORCE MEDIATION IN RELIGIOUS COURTS

Mohammad Hendy Musthofa (UIN Syekh Wasil Kediri)



Article Info

Publish Date
02 Oct 2026

Abstract

Mediation is a mandatory stage in divorce proceedings at the Religious Court. It plays a crucial role in resolving divorce cases and potentially dissuading couples from proceeding with separation. In practice, the mediator who acts as a neutral facilitator frequently encounters obstacles not only from the parties themselves who are determined to divorce, but also from the influence of advocates who accompany their clients, often causing the mediation process to reach an impasse. This research employs a qualitative approach through field research, with data collected via direct observation, in-depth interviews, focus group discussions, and documentation at the Religious Court of Kediri City. The findings reveal that mediators, in accordance with Supreme Court Regulation (PERMA) No. 1 of 2016, are responsible for facilitating and seeking the best resolution for the disputing parties. Advocates, appointed by the parties, are empowered to represent their clients in protecting their rights and interests objectives that do not always align with the goal of preserving the marriage as pursued by mediators. The mediation success rate at the Religious Court of Kediri City showed a significant upward trend, from 15% in 2022 to 40% in 2024, though considerable room for improvement remains.

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Journal Info

Abbrev

alhakam

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues,is a scientific periodical published by the Islamic Family Law Study Program, Fakulty of Syariah, University of Al-Hikmah Indonesia. The articles featured in this scientific periodical are about thoughts on family law, fiqh ...