Saputra, Wahyu (2024) Optimalisasi Peran Mediator Dalam Penyelesaian Sengketa Cerai Gugat Di Mahkamah Syar’iyah Kota Lhokseumawe. S2 thesis, Universitas Malikussaleh.

	Text Wahyu Saputra_207410102006_Cover.pdf Download (159kB)
	Text Wahyu Saputra_207410102006_Abstrak.pdf Download (178kB)
	Text Wahyu Saputra_207410102006_Bab I.pdf Download (443kB)
	Text Wahyu Saputra_207410102006_Daftar Pustaka.pdf Download (230kB)
	Text Wahyu Saputra_207410102006_Optimalisasi Peran Mediator Dalam Penyelesaian Sengketa Cerai Gugat Di Mahkamah Syar’iyah Kota Lhokseumawe.pdf Restricted to Registered users only Download (863kB)

Abstract

Implementation of PERMA No. 1 in 2016 on Mediation Procedures in the Court and PERMA No. 3 in 2022 on Mediation in the Courts electronically is not optimal, as can be seen from the number of cases that remain in court despite having been mediated. One of them is a divorce lawsuit in the city of Lhokseumawe. According to KHI, divorce claims are lawsuits brought by a wife or her authority to a religious court in the territory of the claimant's residence, unless the wife leaves the residence without her husband's permission. In mediation, the role of the judge is crucial because it influences the success of mediation. The judge, as mediator, helps resolve disputes through mutual agreement and must be neutral without imposing a settlement, given its crucial role. The study focuses on the optimization of the role of the mediator in the settlement of divorce litigation at the Lhokseumawe City Sharia Court. The aim of the study is to find out and analyze the optimization of the roles of mediators in settling the divorce. Litigation litigations at the Maharashtra Sharia Tribunal, analyze obstacles encountered by the mediators, and analyze the efforts made in optimizing the obstacles experienced by the mediator's role in resolving divorce disputes in the Lokseumaue City Sharial Court. This research method uses a type of qualitative research with an empirical legal approach.. The study was conducted at the Syar'iyah Court of Lhokseumawe City. Data collection techniques include field research techniques (field research), interviews (interviews), and literature (library research). The data analysis in this study is qualitative. The results of this study show that the optimization of the role of mediators in the settlement of divorce disputes in Lhokseumawe Syar'iyah Court is conducted by neutrality and leadership, communication skills, knowledge of psychology and family dynamics, maintaining confidentiality, knowledge of Islamic law, encouraging agreement, and creativity in providing solutions. The obstacles experienced by the mediators in the dispute resolution of a divorce lawsuit in Syar'iyah Court, Lhokseumawe City, are the absence of the parties litigants, their disagreement in the dispute resolution, and the pressure from third parties. Efforts made to optimize the obstacles experienced by the role of mediators in the settlement of divorce disputes in the Lhokseumawe City Syar'iyah Court are to adjust the mediation schedule to create a safe mediation environment and focus on the main goal of mediation. The suggestions submitted to the mediator are expected to maintain neutrality and build communication skills, while the parties to the dispute must participate in good faith, speak openly, seek fair solutions, and maintain good communication for the sake of a satisfactory agreement. Keywords: optimization, mediator role, mediation, divorce lawsuit, court Shari’ah

Item Type:	Thesis (S2)
Subjects:	K Law > K Law (General)
Divisions:	Pascasarjana > 74101 - Magister Hukum
Depositing User:	Wahyu Saputra Saputra
Date Deposited:	26 Aug 2024 06:58
Last Modified:	26 Aug 2024 06:58
URI:	https://rama.unimal.ac.id/id/eprint/5153

Actions (login required)

View Item