Implementation of Mediation in Settling Divorce Cases: A Research Conducted at Mahkamah Syar’iyah Suka Makmue

Article 39, Paragraph (1) of Law Number 1, 1975 Jo. Article 31 of Government Regulation Number 9, 1975 on the Implementation of Law Number 1, 1974, Articles 65 and 82 of Act Number 7, 1989 on Religious Justice about Article 115 of Presidential Instruction Number 1, 1991 on the Dissemination of the Compilation of Islamic Law, provides that judges are required to actively and efficiently promote reconciliation between the parties involved in each trial, to prevent divorce. The establishment of mediation in the Indonesian Court occurred in 2003, under the Rules of the Supreme Court of Indonesia Number 2, 2003, which governs the procedures for mediation in the Court. According to data acquired from the Shariah Court (hereinafter Mahkamah Syar’iyah) Suka Makmue, it is evident that there has been a rise in the frequency of divorce orders between 2019 and 2022. From 2019 to 2022, the court handled a total of 232 divorce cases. Out of them, 31 cases were effectively mediated, while 201 cases were not successfully mediated. The research method employed in this study is the Yuridis empirical research method. This study aims to elucidate the utilization of mediation in resolving divorce cases in the Court. Based on the study findings, it is recommended to adhere to the existing legal regulations while implementing mediation in divorce situations. Mediation is an essential step that must be undertaken during the divorce proceedings. The effectiveness of mediation can be determined by evaluating its level of success, which can be classified into three categories: Unsuccessful, moderately successful, and successful (withdrawal totally). The success of mediation hinges on the mediator's role in its execution, as the mediator serves as the determining factor for its effectiveness. If the process of mediation fails to achieve a resolution or proves to be unsuccessful, it might be concluded that the mediation conducted was ineffectual in resolving the divorce issue.