Pencegahan Perceraian dalam Islam (Studi Terhadap Efektifitas Mediasi dalam Menangani Perkara Perceraian di Pengadilan Agama Sungguminasa Kelas 1 B)

Abstract

Tri Sulasny Mashud 05120180017. 2023. Prevention of Divorce in Islam (Study of the Effectiveness of Mediation in Handling Divorce Cases at the Sunguminasa Religious Court Class 1b).

This study discusses several formulations of the problem, namely 1) What efforts were made in mediating divorce cases at the Sungguminasa religious court class 1 b? 2) How is the effectiveness of mediation at the Sungguminasa Religious Court class 1 b?, This study also aims to find out what are the efforts made in mediating divorce cases at the Sungguminasa Religious Court class 1b and to find out how effective mediation of divorce cases is at the Sungguminasa Religious Court class 1b.

This type of research is a type of qualitative research, and this research uses a sociological/sociological juridical research approach, namely a research approach that studies the influence of society on law, the extent to which the symptoms that exist in society can affect law and vice versa and depart from the paradigm of science empirical.

The results of this study indicate that various efforts have been made by the mediator for the success of mediation in the following ways: Focusing on solving problems, then the mediator tries to control their emotions by instructing clients to be calm such as taking deep breaths, or stretching muscles can help clients feel calm so they are able to think clearly, the mediator conveys advice and direction from heart to heart that can influence the mindset and feelings of both so that the parties do not get divorced, then find a middle way, namely by writing down requests and agreements that cannot be done by the defendant and if approved, the case can be reconciled. 

The conclusion from the written thesis is that the mediation of divorce cases conducted at the Sungguminasa Class 1b Religious Court is considered not to be effective in preventing divorce because based on the mediation report data many have been unsuccessful and the causal factor for the ineffectiveness is due to the high desire of both parties to divorce for reasons that cannot be tolerated, then because the level of public understanding regarding the mediation is still lacking.