EFEKTIVITAS MEDIASI DALAM MENYELESAIKAN SENGKETA PERCERAIAN DI PENGADILAN AGAMA PADANG

Abstract

ABSTRAK

Mediation is an essential instrument within the religious court system aimed at resolving divorce disputes in a peaceful, expeditious, and equitable manner. However, in practice, the success rate of divorce mediation continues to face various challenges. The research problems addressed in this study are as follows: (1) What is the role of mediator judges in resolving divorce disputes at the Padang Religious Court? (2) What obstacles are encountered by mediator judges in resolving divorce disputes at the Padang Religious Court? (3) What efforts are undertaken by mediator judges to resolve divorce disputes at the Padang Religious Court? This study employs an empirical juridical approach with a descriptive-analytical nature. The research data consist of primary data obtained through interviews with mediator judges at the Padang Religious Court, as well as secondary data in the form of statutory regulations, legal doctrines, and relevant legal literature. Data were collected through interviews, and document study and subsequently analyzed qualitatively. The results indicate that divorce mediation at the Padang Religious Court has been conducted in accordance with Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts. The effectiveness of mediation is influenced by the active role of mediator judges through preventive, technical, and institutional measures. Nevertheless, the success of mediation remains constrained by the lack of good faith among the parties, prolonged domestic conflicts, and limitations in time and supporting facilities. Therefore, strengthening the competence of mediator judges and institutional support is necessary to enhance the effectiveness of divorce mediation.