The Effectiveness of Mediation in Resolving Family Divorce Disputes In Religious Courts in the Range Of 2023-2024: A Case Study in Yogyakarta Religious Court

Abstract

Mediation occupies a pivotal role in the resolution of family divorce disputes within the religious court system, serving as a forum for peaceful dialogue prior to the final legal determination. The objective of this study is to analyze the effectiveness of mediation in the Yogyakarta Religious Court during the period 2023 to 2024. The present study employs a qualitative approach, utilizing a case study method. Five informants were interviewed for this study, including one mediator judge, one nonjudge mediator, one deputy court clerk, and two disputing parties. The data was supplemented with documents from the Case Tracking Information System (SIPP). The present study was conducted over a period of three months, from August to October 2025. The results of the study demonstrated that mediation has been conducted in accordance with Supreme Court Regulation (PERMA) Number 1 of 2016, facilitated by the coordination of mediators, the provision of adequate facilities, and the professionalism of the mediators. The success rate of mediation increased from 36.24% in 2023 to 43.75% in 2024. Several factors have been identified as contributing to the process under discussion. These include mediator competence and legal awareness on the part of the parties concerned, while the inhibiting factors include emotional instability and socio-cultural influences. In accordance with Soerjono Soekanto's theory of legal effectiveness and the principle of sadd adz-dzari'ah, mediation functions as a preventative measure to maintain harmony and minimize family conflicts.