Mediation in the Settlement of Joint Marital Property Disputes: A Study at Tanjung Karang Religious Court, Lampung

Abstract

In general, after a divorce, there are frequent disputes relating to joint marital property. The settlement of joint marital property disputes can be carried out by means of mediation applied through litigation (court) and non-litigation (outside court). The settlement of joint marital property disputes is one of the absolute jurisdictions of Religious Courts. However, the number of joint marital property cases successfully mediated in Religious Courts throughout Indonesia was 6.2% in 2018 and 5.5% in 2019. This paper describes the factors that cause unsuccessful mediation in settling disputes over joint marital property at Tanjung Karang Religious Court, Lampung. This empirical study utilizing a qualitative analysis and a normative juridical approach interviewed mediator judges, disputants, and advocates. The results showed that mediation in the settlements of joint marital property disputes at Tanjung Karang Religious Court in the last four years reached 15.1%, or in the low category. Factors that influenced the unsuccessfulness of mediation in joint marital property disputes at Tanjung Karang Religious Court consisted of the absence of the parties, the object of the disputes, and the intervention of third parties (families, friends, and lawyers).