Supreme Court Regulation (Perma) no. 1 of 2016 on Mediation Procedures as a substitute for Perma no. 1 Year 208 allows judges in a public court or religious court to mediate the parties to the dispute. Pengacara Perceraian For trials of mediation practice, 9 state courts and 9 religious courts have been established.As a result, throughout 2015 the level of successful mediation in religious courts is higher than that of the district courts Pengacara perceraian For example, the success of the highest mediation cases in the district court was occupied by the District Court (PN) of Depok by 25 percent. The highest, at the North Jakarta Religious Court of 70 percent Pengacara Perceraian, is dominated by divorce mediation or it can be called ‘heart dispute’.
One of the members of the MA Mediation Working Group, Mohammad Noor, said mediation in religious courts usually involves divorce disputes, property (inheritance, joint property), sharia-related banking disputes with sharia banks. However, the mediation of divorce cases is usually more than the mediation of other cases.
He explained the settlement of mediation divorce case is unique because husband and wife, his heart was emotionally psychological. The first step that mediators make mediation as a reflection space to build their suggestion to communicate well.
“When we want to communicate we hear what the problem? there is not a workable solution to solve the problem? “Mohammad Noor said during the 7th Asia Pacific Mediation Forum conference in Mataram, West Nusa Tenggara, Friday (12/2).
He explained the target of divorce mediation is usually directed to reconcile both parties (husband and wife) and encourage divorce in a good way. Because, the fact can be divorce can not be reconciled, but the effect of divorce law can be mediated. Like, parenting agreements (hadlonah), wife and children’s living, joint possessions.
If the suggestion is already awakened, live deal agreed between them. For example, the wife feels uncomfortable should be agreed to the husband’s actions so that his wife comfortable, so they can get back together. “Even if still must divorce, of course in a good way according to the letter of Al-Baqarah: 229,” said Judge of the Cilegon Religious Court.
Noor explained, there are several ways the process of mediation divorce cases. First, usually religious judges who directly mediate the parties who want to divorce. The second way, if required religious judges can call representatives from the family of the wife and husband or called hakam. Third, mediation as regulated by Perma no. 1 of 2016 on Court Mediation Procedures. “It is a mediation instrument regulated by the Marriage Law, Religious Judicature Law, and Mediation Perma,” he said.
Vice Chairman of the Religious Courts of Bekasi Siti Zurbaniyah said the role of mediators of divorce cases is more inspiring to their hearts concerning the interests of children. Because, married couples will quickly return to the position of their hearts when remembering the interests of their children. Although they still decide to divorce there are consequences related to immature child care and shared property that need to be mediated.
“When they are broken married of course the children become victims. We love examples due to divorce, children become victims of drugs, juvenile delinquency, promiscuity. They can think again to divorce and can throw away the egoism of their parents for the sake of the child, so it can get along again, “said Siti Zurbaniyahdi the same place.
Deputy Chief of Religious Courts Depok Andi Akram said divorce cases are generally difficult to reconcile through mediation process with various problems, such as cheating and economic factors. Because, in general, the divorce case lawsuit brought a long heart injury.
“All family problems do not appear instantly, but two or three years the relationship has been problematic or ‘rusty’. Like the disease has been chronic, so difficult ‘cured’ (reconciled), “said Andi Akram.
Another case, he continued, if new family relationship problems arise, generally more easily reconciled through the mediation process. “For example they are only one or two years of marriage, then there is a family problem, when mediated is usually easy to be reconciled. Including, as a result of his divorce concerning the dispute over common property and the rights of childcare were sued again, also easily mediated. ”
“However, a divorce lawsuit is possible both to sue the common property and the care of the child so that the judicial process is fast and the cost of light is achieved. There are also child custody suits and joint property separated when they agree with the divorce verdict. This is so easy to take legal action, “he added.