Problems of Mediation Implementation in Divorce Case Settlement at the Medan Religious Court

Authors

  • Afriansyah Afriansyah Pengadilan Agama Tarutung

DOI:

https://doi.org/10.47006/attafahum.v10i1.30964

Keywords:

Mediation, Divorce, Religious Courts, Dispute Resolution, Effectiveness of Mediation

Abstract

Mediation is a dispute resolution mechanism that must be taken before the examination of the subject matter in court as an effort to realize a peaceful settlement of disputes. Although it has been regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the success rate of mediation in divorce cases in Religious Courts is still relatively low. This study aims to analyze the problems of the implementation of mediation in the settlement of divorce cases at the Medan Religious Court and examine efforts to optimize its implementation. This research uses an empirical legal research method with an empirical juridical approach. Primary data was obtained through interviews with mediator judges of the Medan Religious Court, while secondary data was obtained through literature studies of laws and regulations, books, and scientific articles related to mediation. All data were analyzed qualitatively using a descriptive-analytical method. The results of the study showed that the low success rate of mediation was influenced by long-standing domestic conflicts, the strong desire of the parties to divorce, the perception of the public that considered mediation as a procedural formality, and the limited time of mediation implementation. This study also found that the effectiveness of mediation is not only determined by the existence of regulations, but also influenced by the competence of the mediator, institutional readiness, and legal awareness of the parties. Optimizing the implementation of mediation can be done through increasing the capacity of mediators, using mediation time more effectively, and strengthening legal education to the public through synergy between the Supreme Court, Religious Courts, and the Office of Religious Affairs. Thus, mediation can function optimally as a dispute resolution instrument that supports the realization of a simple, fast, low-cost, and peace-oriented judiciary.

References

Abbas, Syahrizal. (2009). Mediasi dalam Perspektif Hukum Syariah, Hukum Adat, dan Hukum Nasional. Jakarta: Kencana.

Harahap, M. Yahya. (2011). Hukum Acara Perdata: Gugatan, Persidangan, Penyitaan, Pembuktian dan Putusan Pengadilan. Jakarta: Sinar Grafika.

Iskandar, M. R. (2018). Urgensi Bimbingan Pra Nikah terhadap Tingkat Perceraian. Journal of Islamic Guidance and Counseling, 2(1).

Junaedi, D. (2007). Keluarga Sakinah: Pembinaan dan Pelestariannya. Jakarta: Akademika Pressindo.

Mahkamah Agung Republik Indonesia. (2016). Peraturan Mahkamah Agung Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan.

Marzuki, Peter Mahmud. (2010). Penelitian Hukum. Jakarta: Kencana.

Soekanto, Soerjono. (2008). Pengantar Penelitian Hukum. Jakarta: UI Press.

Soemartono, Gatot. (2006). Arbitrase dan Mediasi di Indonesia. Jakarta: PT Gramedia Pustaka Utama.

Republik Indonesia. (2009). Undang-Undang Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman.

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Published

2026-07-31

Issue

Vol. 10 No. 1 (2026)

Section

Articles

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