PROBLEMATIKA MEDIASI PERKARA PERCERAIAN BERDASARKAN PENGALAMAN HAKIM MEDIATOR PADA PENGADILAN AGAMA SINGKAWANG

Abstract

The implementation of the study has some purpose of knowing: 1) How mediator’s role in the divorce mediation at Singkawang Religious Court. 2) How the success rate of the divorce mediation at Singkawang Religious Court. 3) What are the obstacle factors for mediator judges in the divorce mediation at Singkawang Religious Court. This study used empirical normative legal research (applied law research). In addition uses a descriptive qualitative approach. This study uses two data sources, there are primary data sources obtained from research subjects, as well as secondary data sources consisting of primary and secondary legal materials. This study uses structured interview techniques and documentation. Data analysis techniques uses are reduction, presentation then verification the data. Then, used technique of rechecking all of the data and information (member check) obtained from the data collected. Through the findings obtained from the results of the analysis of data that have been studied in this study, it can be concluded that: 1) Mediator judges in carrying out his role to reconcile the parties in divorce mediation at Singkawang Religious Court following Supreme Court Regulation Number 1 of 2016 on Mediation Procedures. However, the final mediation is entirely based on the parties’ will. 2) The success rate of mediation at Singkawang Religious Court is low. 3) Factors that inhibit mediators in mediation at Singkawang Religious Court are difficulty of reconciling the parties who have complicated problems in the household, the absence of either litigant, the absence of goodwill of the parties or one party, the parties strong desire to divorce and position of the judge as a mediator causes a limited quantity of mediators.