Mediation as an Alternative Institution of Disclaimer in Religion Court in Indonesia According to Justice Perspective

摘要

Scttlement of divorce cases through mediation in the religious court by the judge as the mediator who reconciles the two parties in the sulh dispute which is a dispute resolution process in which the parties agree to end their case peacefully. In this case the judge must always strive for the parties to the dispute to take the path of peace (ishlah) because the path of peace will accelerate the settlement of the case and end it by the willingness of both parties to be carried out voluntarily there is no coercion and the judge only facilitates the parties so that they reach an agreement in order to bring peace. With peace, the parties can try a resolution that is mutually beneficial to each other (win-win solution), this is because in peace, what is emphasized is not only the legal aspect, but how both parties can still benefit. The issuance of circular number 1 of the Supreme Court of the Republic of Indonesia in 2002, the Supreme Court of Republic of Indonesia number 1 of 2008, as amended by the Republic of Indonesia Supreme Court Regulation number 1 of 2016 concerning mediation aimed at the accumulation of cases in the Supreme Court of the Republic of Indonesia that have not been handled by the panel of judges.