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.