ANALISI KESESUAIAN TEKNIK KOMUNIKASI MEDIATOR DALAM MEDIASI PERKARA PERCERAIAN BERDASARKAN PERMA NO 1 TAHUN 2016 DI PENGADILAN AGAMA ISLAM

Abstract

Divorce mediation in Indonesian Religious Courts requires mediators not only to understand legal procedures but also to apply effective communication techniques in accordance with Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Courts. However, previous studies have primarily examined mediation communication from the perspectives of communication strategies or interpersonal communication, while limited research has analyzed the conformity of mediators' communication techniques with the normative provisions of PERMA. This study aims to analyze the communication techniques employed by mediators in divorce mediation, identify the factors influencing mediation success and failure, and examine their conformity with PERMA Number 1 of 2016. This research employed an empirical juridical approach with a descriptive qualitative design. Data were collected through observation, semi-structured interviews, and documentation at the Religious Court of Pasuruan, and analyzed using the Miles and Huberman interactive model. The findings reveal that mediators consistently applied five communication techniques, namely active listening, questioning, reframing, empathy and rapport, and clarification and summarizing. The effectiveness of these techniques was supported by the parties’ good faith and openness but constrained by persistent conflicts, emotional tensions, and third-party intervention. Overall, the communication techniques were found to conform to the normative, procedural, substantive, and ethical principles stipulated in PERMA Number 1 of 2016, although such conformity alone did not necessarily ensure successful mediation outcomes.

Keywords: divorce mediation, mediator communication techniques, PERMA Number 1 of 2016.