SETTLEMENT OF DIVORCE DISPUTE THROUGH THE FORUM OF MEDIATION IN JUDICIAL INSTITUTIONS AS AN EFFORT OF LEGAL PROTECTION FOR THE RIGHTS AND INTERESTS OF THE CHILD OF POST-DIVORCE

Abstract

Legally, there is already a regulation focusing on Marriage Law, namely Law 1 of 1974 article 41 concerning child care due to divorce. In practice, there are efforts to handle children’s rights. This struggle over children’s rights occurs because each parent feels that they have the right to protect their children. With the PERMA Number 1 of 2016 concerning court mediation procedures, resolving marital disputes through mediation forums can provide legal protection for children's rights. The purpose of this study is to examine efforts in realizing legal protection for the rights and interests of post-divorce children through mediation forums. The research shows that the pattern of resolving divorce disputes through mediation forums can protect for the rights and interests of children with an agreement made by the parents written in the peace deed. The method in this research is normative legal research by reviewing the sources of data obtained through the literature and examining the mediation results in the Religious Courts contained in the Peace Deed.