Problematika Proses Mediasi dalam Perkara Perceraian (Studi di Pengadilan Agama Kudus)

Irawan, Mohammad Syafrie and , Mutimatun Ni'ami, SH., M.Hum. (2020) Problematika Proses Mediasi dalam Perkara Perceraian (Studi di Pengadilan Agama Kudus). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Mediation is an alternative dispute resolution used in indonesian courts, in PERMA No. 1 year 2016 also reaffirms the role of mediators to play a more active role in resolving cases or disputes, especially divorce issues outside the court. But in addition to the obligation of mediation in divorce cases in contrast to the fact that there is a high number of divorce rulings. From that background the author formulated the problem: What factors are the inhibitions of mediation success in the Holy Religious Court? and What is the success rate of mediation in the Kudus Religious Court? The method of approach used in this study is an empirical juridical approach. This type of research is descriptive. The data type used is primary data and secondary data consisting of primary legal materials and secondary legal materials. The method of data collection uses field study methods by conducting interviews and observations. The data analysis method used in this study uses deductive analysis methods. The respondents in this study were Mediators who served in the Kudus Religious Court Based on the results of problematika analysis of the mediation process in divorce cases in the Kudus Religious Court, the authors concluded that many of the problems of the mediation process so as to cause have not been effective, as for the causative factors namely: The level of compliance of the people who undergo the mediation process is very low. This factor that is the main cause of the ineffective mediation in the Kudus Religious Court, The factors that are inhibiting the success of mediation in the Kudus Religious Court include less maximalization of time, cost, absence of uniformity in mediation events, The success rate of mediation in the Kudus Religious Court is still less maximal, given the percentage of success in 2018 and 2019 does not reach more than 10%.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	mediation, mediation inhibitors, and mediation success rate
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	MOHAMMAD SYAFRIE IRAWAN
Date Deposited:	19 Dec 2020 06:26
Last Modified:	19 Dec 2020 06:26
URI:	http://eprints.ums.ac.id/id/eprint/88019

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