Efektivitas Mediasi dalam Penyelesaian Sengketa Perdata Islam di Peradilan Agama: Analisis Normatif dan Empiris

Abstract

This study aims to analyze the regulatory framework for mediation and assess the effectiveness of its implementation in resolving Islamic civil disputes within the Religious Courts. Mediation is a dispute resolution mechanism integrated into the judicial process to foster amicable settlements between the parties. The study employs a normative legal research method, utilizing both statutory and conceptual approaches. Data were gathered through a literature review covering legislation, books, and scholarly journals related to court-annexed mediation—specifically Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts—and the authority of the Religious Courts as stipulated in Law Number 7 of 1989 on Religious Courts (as amended by Law Number 3 of 2006 and Law Number 50 of 2009). The findings indicate that, from a normative perspective, mediation rests on a solid legal foundation and aligns with the Islamic legal principle of *iṣlāḥ*, which emphasizes peaceful dispute resolution. However, the effective implementation of mediation in Religious Courts faces various obstacles, such as the parties' low willingness to reach a settlement, limited mediator skills, and structural factors within the judicial system. Consequently, efforts are needed to enhance the quality of mediators and raise public awareness regarding the importance of resolving disputes through mediation.