Disparitas Keberhasilan Mediasi Antara Perkara Perceraian dan Sengketa Ekonomi Syariah di Pengadilan Agama Surabaya

Abstract

The Surabaya Religious Court has implemented mediation as stipulated in PERMA Number 1 of 2016, such as divorce disputes and sharia economic disputes that have been handled several times but in practice the mediation process carried out cannot be fully successful. The purpose of this research is to find out the facts regarding the comparison of the success of mediation of divorce disputes and sharia economic disputes carried out by the Surabaya Religious Court. in this study discusses the comparison of the success of mediation between divorce disputes and economic disputes as well as discussing the factors that become success and failure in the mediation process. The research method uses qualitative research conducted through an empirical juridical approach with a focus on the effectiveness of mediation in the two disputes through observation techniques, interviews as primary data and secondary data collected through library studies. The results of this study indicate a comparison of the success of mediation of divorce disputes in the Surabaya Religious Court when presented amounts to 12.97% while sharia economic disputes when presented reach 19.04% it can be seen that sharia economic disputes are higher than divorce disputes, after researching the author found the cause of unsuccessful mediation in divorce disputes because there are more factors that cause both parties not to want to reconcile because of the existence of a third party, the hurt factor does not provide maintenance, the domestic violence factor, the factor of bad faith from the parties. Whereas in sharia economic disputes that cause mediation to be unsuccessful due to lack of good faith and lack of knowledge of the parties about mediation, depending on the characteristics of the parties in addressing the dispute if there are parties who accept solutions from the mediator, a win-win solution is achieved.