PELAKSANAAN MEDIASI DALAM MENYELESAIKAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PADANG KELAS 1 A

Abstract

Mediation is one of dispute resolution process that is faster and cheap, as well as can give access that is greater to all party to find settlement that satisfy and meet justice sense, however mediation implementation in Padang Religion Court class 1 A slight once that succeed in mediation. Problem formulation namely: 1. How mediation implementation in divorce case as peace effort in Padang Religion Court class 1 A ? 2. Factors any that became supporter and mediation success obstacle in Padang Religion Court class 1 A? Sociological juridical approach law research method (socio legal research). Research result: Padang Religion Court conducted peace effort with mediation way, accordance Perma Number 1 Year 2008. Mediation implementation in divorce case not yet went like a bomb. From 636 case that in mediation for January 2013 to June 2014 only 25 case or 3.9 % only divorce case that succeed mediation. Success as well as mediation failure certainly have supporter factor as well as inhibitory factor, among mediation success supporter factor in Padang Religion Court among others: mediator ability, sociological factor and pisikologis all party, moral and kerohaniaan, and good determination all party. Besides it so happens mediation success obstacle factor in Padang Religion Court among others: eager desire all party to divorce, room that is less conducive, mediator number limitation,one of party would not come, and lack of community understanding about mediation.

Keyword: Mediation, settlement, divorce, Religion Court.