Mediasi Dalam Penyelesaian Sengketa Hak Asuh Anak Setelah Perceraian di Pengadilan Agama Jambi

Abstract

This research aims to determine and analyze the factors inhibiting the resolution of child care cases in the Jambi Religious Courts and what efforts mediators make in mediating child care cases in the Jambi Religious Courts. The problem that will be studied is what are the inhibiting factors in resolving child care cases at the Jambi Religious Court? And what are the efforts made by mediators in mediating child care cases at the Jambi Religious Court? The research method used is empirical juridical. The research location is the Jambi Class 1A Religious Court. The data collected, both primary data and secondary data, were obtained using interview and document study methods. The research results show that there are still many factors that hinder mediation. Inhibiting factors for mediation in the implementation of mediation at the Jambi Class 1 A Religious Court include the absence of the parties, the selfishness of the parties, the lack of good intentions. There are many inhibiting factors that occur in obtaining custody of their child so that this makes it difficult for the mediator to seek peace. The mediator's efforts in conducting mediation are in accordance with PERMA Number 1 of 2016 concerning Mediation Procedures in Court. In practice, the mediator is more about providing understanding to always prioritize child's interests.