Mediation Implementation in the Settlement of Divorce Cases in the Religious Courts
Mardalena Hanifah
Lecturer of Faculty of Law, University of Riau
Abstract
Mediation in an effort to reconcile the parties in litigation is an obligation before the case is examined. Peace efforts are not only formalities, but must be implemented so that the problems between the two parties meet the solution. The publication of Perma No. 1 in 2016 in the Court is expected to be the first milestone in the effectiveness of peace efforts or mediation in the scope of the judiciary, not only in the theoretical level but also in practice. Mediation is a way of resolving disputes through the negotiation process to obtain agreement from the parties assisted by mediators. Therefore, it is very feasible for the judges of the Religious Courts to realize and carry out the function of "reconciling". Because after all the fairness of the verdict, but it will be better and more just results of peace. The fairest of decisions handed down by judges will be deemed and felt fair by the winning party. As with peace, the results of sincere peace based on mutual agreement from the disputing parties are free from win and lose qualifications. They both win and both lose or win-win solution, so that both parties recover in harmony and brotherhood. Divorce itself means the abolition of marriage with the judges decision or the demands of one of the parties in the marriage. Judging from the aspect of the divorce, divorce is divided into two, first, divorce by the husband, namely divorce committed by the husband against his wife. Second, divorce by the wife is a divorce done by the wife by submitting a divorce request to the Religious Court, divorce cannot occur before the Religious Court officially decides. Resolving disputes is indeed difficult, but that does not mean it is impossible to be realized. The purpose of mediation is to resolve disputes between parties by involving neutral and impartial third parties. Mediation can lead the parties to the realization of a permanent and sustainable peace agreement, considering that dispute resolution through mediation puts both parties in the same position. In the dispute resolution through mediation the benefits are very much, because the parties have reached an agreement that ends the dispute fairly and win-win solution.
Keywords: Effectiveness, Mediation, Religious Courts
Topic: Private / Contract Law