Mediation Was Partially Successful in Divorce Cases Cumulating Wife’s Right, Children’s Rights and Chil Care in Binjai Religion Courts

Abstract

Writing this study aims to share knowledge and provide a perspective in the resolution of divorce disputes through litigation (mediation) partially successful in a divorce cases property wife's rights, children's rights and childcare in the religious court Binjai. Dispute resolution through mediation (peace) has been known in Islam. Islam teaches that the parties to the dispute do peace. In divorce cases the function of an attempt to reconcile the duty of the judge as a mediator to be done based on Supreme Court Regulation No. 01 of 20 16 on Mediation Procedures in Court. Therefore, sought peace through mediation in the Religious that couples wishing to divorce the attack and reconciliation. Mediation is a dispute resolution process through the negotiation process or the consensus of the parties, assisted by the mediator has no authority to decide or impose a settlement. In reality the application of mediation is less effective in resolving the case, proven by a case that was successful solved by mediation. But in 2022 successful mediation increased dramatically compared to previous years and partially successful mediation until June 2022 amount 7 (seven) cases is registration number 6, 173, 184, 188, 205, 228, and 230. Issues to be discussed in this study are about the effectiveness of mediation as a means of reconciling the case, the main goal of reducing the number of cases, and also to assess the success of mediation. Particularly in divorce cases that occurred in the Religious Court Binjai.