Involvement of Other Parties in the Mediation Process in Religious Courts

Abstract

This study was motivated by the dominance of divorce cases in the Bukittinggi Religious Court class 1B, which when viewed from the total cases that entered from 2019-2021, there were 2,827 cases and 2,114 of them were divorce cases. Then in the past three years, there were 492 cases mediated. Of the 492 cases, only 67 cases were successfully mediated. This study answers the question of how the existence of other parties in the implementation of mediation in accordance with the implementation of Article 26 of PERMA No. 1 of 2016 concerning Mediation Procedures in Bukittinggi Religious Courts Class 1B. To answer questions, the authors use field or empirical research methods. As for the findings in this study, namely: First, it was not carried out by other parties in the implementation of active mediation in the Bukittinggi 1B Religious Court due to several factors, namely; 1) Not important involving other parties in mediation, 2) Involving other parties is not a necessity, 3) a priori attitude shown by the mediator. Second, the urgency to involve other parties in the implementation of mediation is the high divorce rate and inadequate number of mediators.