OPTIMALISASI MEDIASI SEBAGAI INSTRUMEN PENCEGAHAN PERCERAIAN DI PENGADILAN AGAMA

Abstrak

The high divorce rate handled by Religious Courts indicates that the mechanism for resolving marital disputes through litigation has not been fully capable of maintaining the integrity of the household. Mediation, as a mandatory instrument in the litigation process based on Supreme Court Regulation Number 1 of 2016, is expected to play a role in preventing divorce through a deliberation and peace approach. This article aims to normatively examine the role of mediation in preventing divorce in Religious Courts and formulate efforts to optimize it. This research is a normative legal study with a statutory and conceptual approach. The results of the study indicate that normatively, mediation has a strategic position as an instrument for preventing divorce, but in practice it still faces various obstacles such as procedural formalities, limited mediator competence, and low good faith from the parties. Therefore, optimization of mediation is necessary by strengthening the quality of mediators, a substantive approach in the mediation process, and the integration of the values ​​of justice and welfare in the resolution of divorce cases.