PELAKSANAAN MEDIASI DALAM PENYELESAIAN PERKARA PEMBAGIAN HARTA BERSAMA DI PENGADILAN AGAMA KELAS 1 A PADANG

Abstract

If the marriage ends with a divorce, it is necessary to obtain a clarity about the assets owned by each party during the marriage, the dispute between the parties regarding the sharing of joint assets is first recommended to be settled through a mediation process. The problems in this study are: 1) how is the implementation of mediation on the case of shared property in the Class 1A Padang Religious Court? 2) What are the obstacles encountered in the mediation of the case distribution of shared assets in the 1A class Religious Court of Padang? The research method used is sociological law. Data sources are primary and secondary data. Data collection techniques using the interview method and document documentation. Results of the study1) the implementation of mediation in the trial of the sharing of joint assets in the Religious Courts, the judge first ordered the parties to make peace, if they did not get an agreement, the parties should take the mediation process.2) the obstacles encountered in conducting mediation were generally from the litigants, and the lack of mediation space provided by the Religious Courts. 

Keywords : Mediation Implementation, Settlement, Religious courts