Peran Mediator dalam Mencegah Perceraian (Penelitian pada Pengadilan Agama Stabat)

Abstract

The mediator is a neutral party that helps the parties in the negotiation process to find various possibilities for dispute resolution without using a way to decide or enforce a settlement. The mediator has carried out maximum mediation to increase the success of mediation, especially in divorce cases. Mediation in the Religious Courts is a process of peace efforts carried out by mediator judges between parties who litigate to reach an agreement with the end result of a winwin solution. The Religious Court is an institution authorized to examine, decide, and resolve a conflict or problem as stipulated in the Law of the Republic of Indonesia Number 50 of 2009 concerning the Religious Courts. One of the authorities of the Religious Courts is to settle cases of divorce cases. The problem raised is how the role of the mediator in preventing divorce is carried out by the Stabat Religious Court, What are the factors that become supporters and obstacles to the success of Mediation in the Religious Court, and how the Mediator acts in reducing divorce rates in the Stabat Religious Court. Therefore, the problem of this research is knowing the role of the mediator in preventing divorce. This research method is an empiriccal, namely primary obtained directly by asking questions and secondary data which includes pfficial documents, scientific books, on line from research result in the from of reports, civil law laws (BW) and law. Results and Conclusions The research obtained shows that the mediator judge in the Stabat Religious Court has carried out his role in accordance with the provisions of PERMA No. 1 of 2016 concerning Procedure for Mediation in Courts. The data collection techniques used in writing this essay are interviews with mediator judges, young legal clerks and documents related to mediation. The conclusion of this study is the efforts of mediator judges in preventing divorce in the Stabat Religious Court, among others, bringing together divorce applicants to enforce the judge's obligations in preventing divorce and restoring the integrity of the family that is being cracked, peace is sought. The role of the mediator is often found when the mediation process is taking place, these roles include: Growing and maintaining self-confidence between the parties, explaining the process and educating the parties in communication and strengthening a good atmosphere, helping parties to face situations or reality, teaching parties in the process and bargaining skills, helping parties collect information.