PELAKSANAAN MEDIASI TANPA DIHADIRI SUAMI ISTRI DALAM KASUS CERAI GUGAT (STUDI KASUS PENGADILAN AGAMA MEDAN KELAS IA)

Abstract

ABSTRACT Name: Tiopani Rahma Sari Hutagalung, NPM: 71190212008, Title: IMPLEMENTATION OF MEDIATION WITHOUT THE PRESENCE OF HUSBAND AND WIFE IN CONTESTED DIVORCE CASE ( CLASS IA FIELD RELIGIOUS COURT CASE STUDY ) Mediation is basically a negotiation involving a third party who has expertise on effective mediation procedures, can help in conflict situation to coordinate their activities so that the bargaining process is more effective when there is no negotiation and no mediation QS Al-Hujurat/49:9 That means an if there is a group of those who believe that you are fighting a war, you should make peace between the two! But if one violates the agreement against the other, let the one violates the agreement be fought until it recedes bact to God’s command. Verily, Allah loves those who act justly. The verse about talks about disputes that occour among the believers. There is a history that says that the verse was revealed in connection with a fight that resulted in a fight using footwear between the Aus and Khazraj tribes. The research is formulated into three problem formulations, namely how implementation mediation which the husband and wife were not present at the trial court religion Medan, factor which reason husband wife doesn’t attend mediation, and what is the legal view of mediation without the presence of the husband and wife in the case of claimed divorce according to PERMA No.1 of 2016. To obtain answers from the formulation of the problem above, this study is directed at the sociological juridical approach method, namely the approach intended to explain the problem under study with the research result obtained in relation to legal norms (Al-Qur’an and Hadis) and compare them with PERMA No.1 of 2016. Analysis of qualitative descriptive data, namely research the only presents what was stated by respondents in writing or orally, and real behavior. Keywords : Mediation, Sue For Divorce