PRAKTIK MEDIASI DALAM PERKARA PERCERAIAN (KAJIAN PERAN MEDIATOR HAKIM DI PENGADILAN NEGERI SLEMAN)

Marriage is a physical and spiritual bond between a man and a woman, after which each of them has a great obligation and responsibility for himself and for the happiness of his partner. But sometimes a relationship gets into trouble, causing a divorce. Meanwhile, in the Sleman District Court, the most widely handled civil cases are divorce cases. Therefore, in an effort to reduce the number of cases that have accumulated, mediation is carried out. In subsequent developments mediation has entered the realm of the court based on Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. With this background, the authors are interested in studying the mechanisms and procedures of mediation carried out by judge mediators in practice at the Sleman District Court, the suitability of mediation practices with applicable laws and regulations and achieving the objectives of the provisions and the impact or role played by mediation and judge mediators in resolve cases and disputes in divorce. In an effort to examine these problems, the author uses a juridical-empirical research method to examine the role of mediator judges in resolving divorce cases at the Sleman District Court in the perspective of applicable legal norms. Primary data related to practice through interviews and direct observations in the field and secondary data in the form of primary legal materials taken from the relevant laws and regulations, namely PERMA No. 1 of 2016 concerning Procedures for Implementation of Mediation in Courts From the results of the research that has been carried out, the authors conclude that first, the implementation, especially in relation to mediation mechanisms and procedures at the Sleman District Court, is in accordance with PERMA No.1 of 2016 concerning Procedures for Implementation of Mediation in Courts, where the mediators mediate in time, room, and number of meetings in accordance with the provisions. Second, the role of the mediator in the implementation of mediation, namely leading mediation and helping to find a way out in order to prevent divorce from occurring, has not yet achieved the objectives of the provisions and principles of mediation, namely reconciling disputing couples and intending to break up marriage, because the number of failures to encourage couples to stop the divorce litigation process is still low. very high when compared to the success rate. Third, that the lack of success or ineffectiveness of the mediation carried out by the mediator judges was caused by several conditions, namely, the lack of certified mediator judges, the hefty workload that made it difficult for them to focus on carrying out their function as mediators, and the lack of awareness from the public. the disputing parties regarding the importance of implementing mediation because they still consider mediation only as a formality