EFEKTIVITAS PERAN MEDIATOR HAKIM DALAM KASUS PERCERAIAN (Suatu Studi di Pengadilan Agama Kendari)

Abstract

This study aims to determine and understand how effective the implementation of mediation in the Kendari Religious Court is in resolving divorce cases. To determine and understand the efforts made by the Kendari Religious Court in making mediation effective in resolving divorce cases. The study was conducted at the Kendari Religious Court and the data obtained in this study will be analyzed qualitatively, with the following steps: First, the author will collect data by processing and analyzing primary and secondary data in the form of library data, and information obtained from interviews and documents in the field. The data obtained is presented in the form of data compilation which is then reduced by reprocessing it. After being well organized, the results of the data collection are presented descriptively by explaining, describing, and making a picture according to the problems related to this study to then be drawn into a conclusion. The results of the study show that: 1.) Mediation in the Kendari Religious Court has not been running effectively with the following causal factors: a) The level of compliance of the community undergoing the mediation process is very low; b) The culture of society that assumes that divorce is not; a disgrace for individuals or families, and the perception that divorce is not a problem in living life; c. The mediation facilities and means at the Kendari Religious Court are still inadequate both in terms of the mediation room and the supporting facilities within it; d. All judges appointed as mediators have not attended the mediation training organized by the Supreme Court of the Republic of Indonesia. 2.) In order to make mediation effective, the Religious Court has made several efforts, namely as follows: a. Every time a mediation is carried out, the mediator judge must first explain the purpose of the mediation to the parties to the case; b. The Head of the Religious Court has issued a Decree listing the names of the mediator judges; c. Providing facilities and means in carrying out mediation, namely a mediation room and a mediator judge's nameplate; d. Making a report on the results of the mediation implementation every month to the High Religious Court as an evaluation result to determine how far the mediation is running effectively.