The Role Of Mediation In Resolving Child Custody Cases After Divorce In The Kolaka Class Ib Religious Court
DOI:
https://doi.org/10.33751/jhss.v10i1.46Keywords:
The Role Of Mediation In Resolving, Child Custody Cases, Divorce, The Kolaka Class Ib Religious CourtAbstract
Divorce often leads to subsequent issues in the form of child custody disputes (hadhanah), which can impact the psychological condition of the child and the relationship between the parents. Mediation is a dispute resolution mechanism mandated by the Supreme Court Regulation (PERMA) No. 1 of 2016, as a peaceful effort before the case is examined in substance. This study aims to analyze the role of mediation in resolving child custody cases after divorce in the Kolaka Class IB Religious Court and to identify the factors that support and hinder the success of mediation. This research employs a qualitative descriptive method with data collection techniques through interviews, observations, and documentation. The results indicate that mediation plays a crucial role in opening dialogue between the parties, reducing emotional conflict, and encouraging the achievement of agreements that prioritize the best interests of the child. However, the success of mediation is significantly influenced by the psychological readiness of the parties, the skills of the mediator, family support, and good faith in participating in the mediation process. Factors that hinder mediation include high ego, lack of communication, dominance of certain parties, and a strong intention to divorce. Although not all mediations result in a full agreement, some cases show partial success, particularly concerning child custody arrangements. Thus, mediation in the Kolaka Class IB Religious Court has a strategic role in peacefully, quickly, and child welfare-oriented resolution of hadhanah disputes.
References
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