Tinjauan Hukum Islam Tentang Penempatan Lembaga Mediasi Di Pengadilan Agama

Abstract

This study aims to determine the review of Islamic law regarding the placement of mediation institutions in Religious Courts. This research is library research using a normative juridical approach and a historical approach. Data collection techniques are carried out by researching library materials (library research). With the object of all texts or data in the form of ideas about mediation in the form of journals, books, and other legal sources related to the object of research, in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results show that the placement of mediation in the religious court is not appropriate because the party who registers the lawsuit to the court essentially does not want to mediate but wants the dispute to be decided by the judge. This is what causes the success rate of mediation to be not optimal. Mediation should be placed outside the court through an independent institution such as BP4 or other institutions that are believed to be a way of peace when a dispute occurs.