UPAYA MEDIATOR DALAM MENEKAN ANGKA CERAI GUGAT MELALUI MEDIASI DI PENGADILAN AGAMA (STUDI KASUS PENGADILAN AGAMA KOTA MALANG)

Abstract

This study examines the efforts of mediators in reducing the number of contested divorce cases (cerai gugat) through mediation at the Religious Court of Malang City. The increasing number of divorce petitions filed by wives reflects unresolved domestic conflicts and indicates the limited effectiveness of mediation as a peaceful dispute resolution mechanism within the religious court system. This research is positioned within empirical socio-legal studies focusing on the practical role of mediators in maintaining family integrity through court-annexed mediation. The study employed a normative-empirical method with a conceptual approach. Data were collected through interviews, observations, and documentation conducted at the Religious Court of Malang City, and analyzed using data reduction, data presentation, and conclusion drawing supported by triangulation techniques. The findings reveal that mediators have undertaken various efforts, including effective communication, psychological approaches, legal and moral counseling, and facilitation of dialogue and negotiation between disputing parties. However, the mediation process has not yet achieved optimal effectiveness due to several influencing factors, such as high emotional conflict, family intervention, economic problems, and the lack of good faith from the parties. The study concludes that mediator competence, communication strategies, and public awareness of peaceful dispute resolution significantly influence the success of mediation in reducing contested divorce cases.

Keyword: mediation, contested divorce, mediator role, religious court.