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KONSEP IDEAL MEDIATION DALAM PERKARA PERCERAIAN DI PENGADILAN

Jurnal Pikir : Jurnal Studi Pendidikan dan Hukum Islam

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Title KONSEP IDEAL MEDIATION DALAM PERKARA PERCERAIAN DI PENGADILAN
 
Creator Mustakim, Ahmad
 
Description Abstract: In the context of divorce cases in court, the mediation process is a mandatory part of the procedural stage of the trial. This is a mandate from PERMA No.1 of 2008 concerning mediation procedures which are guidelines for judges/mediators to as much as possible resolve disputes, whether divorce or other cases peacefully. By the principle of PERMA No. 1 of 2008 the mediation effort is not only at the beginning of the trial, but throughout the examination, even until the last trial before the chairman of the trial decides the hammer. Divorce cases based on disputes that are not yet optimal to reconcile can be canceled by law, because they have not complied with the procedural rules, and for that, the appeal or cassation court must order a re- examination through an interim decision to seek an optimal peace. With such an urgent position, the mediation process needs a review from all parties, both the government, the judges/mediators, and the wider community, so that divorce cases in Indonesia can be controlled. Therefore, this article describes the ideal concept of mediation in divorce cases in court. To provide an overview of the mediation process in court. Mediation is a way of resolving disputes through a negotiation process to obtain a peace agreement by the parties with the assistance of a mediator. The mediator is a third party who assists the dispute resolution of the parties, who is not allowed to intervene in decision making (neutral). The legal basis for mediation in court is PERMA No. 1 of 2008 with the procedure, namely the stage of selecting a mediator, the stage of implementing the mediation process, and the final stage of mediation. The role of the mediator in the mediation process is to help the parties understand each other's views and help find issues that are considered important to them. The mediator can come from the court or outside the court, who has received a mediator certificate.
 
Publisher STAI Darussalam Krempyang Nganjuk
 
Date 2019-07-16
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://ejournal.staida-krempyang.ac.id/index.php/pikir/article/view/334
 
Source Jurnal Pikir : Jurnal Studi Pendidikan dan Hukum Islam; Vol 5 No 2 (2019): Studi Pendidikan dan Hukum Islam; 70-89
2502-3233
2442-3955
 
Language eng
 
Relation https://ejournal.staida-krempyang.ac.id/index.php/pikir/article/view/334/233
 
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