Resolusi Konflik Perkawinan Melalui Mediasi Dalam Perkara Perceraian Di Pengadilan Agama Manado

Abstract

This research aims to (1) describe and explore the implementation of marital conflict resolution through mediation in divorce cases in Manado Religious Courts, (2) to describe and explore the model of marriage conflict resolution through mediation in divorce cases in Religious Court of Manado, and (3) to describe and explanate the factors that become the obstacle of failure of marriage conflict resolution through mediation in divorce case in Religious Court of Manado. This research is a case study that is descriptive qualitative. This research was conducted in Manado city with the object of research is the office of Religious Court of Manado. The research informant is the leader of the Chairman and Vice Chairman of the Religious Court of Manado, the mediator (profession) on the implementation of mediation of divorce dispute, and the judge at the office of Manado Religious Court numbering 4 judges. The research data was collected by observation, interview, and documentation. The collected data is analyzed by flow model. The findings of the research indicate that (1) the implementation of marriage conflict resolution through mediation in divorce cases in Manado Religion Court is conducted by following the judicial regulations as stipulated in Supreme Court regulation concerning mediation procedure in religious court with pramediation, mediation and postmediation stage, (2) model The confirmation by the parties is mediated by the mediator of the judge, while the non-judicial mediator has not been practiced, and (3) the constraints to the failure of the marriage conflict resolution through mediation in the divorce case in the Manado Religion Court are divided into two main factors: (1) the general factors of the law, the additional factor of the number of judges, the factor of society is the low level of public knowledge, the lack of mediation facilities and infrastructure, and the cultural factors, and (2) the plaintiff factor, the mediator, the mediation atmosphere, and the litigants.