Kartika: Jurnal Studi Keislaman
Vol. 6 No. 4 (2026): Kartika: Jurnal Studi Keislaman (November)

E-Mediasi dalam Perkara Perceraian: Transformasi Otoritas Yudisial dan Validitas Hukum Penyelesaian dalam Era Peradilan Digital

Elce Purwandari (Universitas Islam Nusantara Al-Azhaar Lubuklinggau)
Susi Kusmawaningsih (Unknown)



Article Info

Publish Date
06 Nov 2026

Abstract

This study examines the implementation of e-mediation in divorce cases within Religious Courts and analyzes its implications for mediator authority and the validity of settlement agreements in the context of digital judiciary systems Using a qualitative socio legal approach this research is based on field data collected through interviews document analysis and observation The findings reveal that e-mediation enhances procedural efficiency and accessibility but simultaneously transforms the nature of mediator authority from relational to more procedural and technologically mediated forms In addition the study identifies a critical distinction between formal legal validity and substantive legitimacy of settlement agreements The emergence of pseudo settlement indicates that agreements achieved through e-mediation may fulfill procedural requirements while failing to resolve underlying conflicts effectively These findings highlight a fundamental tension between efficiency and justice in digital mediation Therefore this study emphasizes the need for adaptive regulatory frameworks and enhanced mediator competencies to ensure that e-mediation remains a meaningful and fair mechanism for dispute resolution in Islamic family law

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Journal Info

Abbrev

kartika

Publisher

Subject

Religion Economics, Econometrics & Finance Education

Description

KARTIKA: Jurnal Studi Keislaman covers a variety of subjects, ranging from Islamic history, law, sufism, theology, politics, philosophy, the Qur’an and hadith, to modern and contemporary developments including such issues as democracy, gender, and human rights as well as social and cultural ...