Implementasi Mediasi Perkara Perceraian di Pengadilan Agama Kabupaten Kediri

Abstract

Marriage is a very inner and outer bond for husband and wife that should be maintained. In practice, divorce is something that is often used as a solution when the household is no longer harmonious. Mediation is a very reasonable thing to try to use to reconcile the two parties. Mediation in the Religious Courts is part of the civil procedural law in order to reduce the magnitude of the divorce rate. Even so, there are still 10,933 divorce cases that have been resolved at the Kediri Regency Religious Court in 2021. This is a very high number that makes the author aim to find out how the mediation process for divorce cases at the Kediri Regency Religious Court is. And how successful is mediation at the Religious Courts of Kediri Regency. Based on Pancasila, the 1945 Constitution, and Supreme Court Regulation No. 1 of 2016 which serves as guidelines for mediation in court. In this study used a field approach with qualitative descriptive research methods. With interview data collection techniques and documentation. Data analysis techniques with steps of data collection, data reduction, data presentation, data analysis, and conclusions. The results of this study indicate that the implementation of mediation for divorce cases at the Religious Court of Kediri Regency is in accordance with the mediation guidelines in the Court as regulated in Supreme Court Regulation no. 1 of 2016, with mediation success showing a figure of 0.36%. The implementation of mediation at the Religious Courts of Kediri Regency has met with many failures, it cannot be separated from the factors that influence the success of mediation in divorce cases, as for the things that influence it are as follows: the ability of the mediator to bring the hearts of the parties to the case, the goodwill of the parties, third party intervention.