Implementasi Penyelesaian Sengketa Mediasi Melalui Mediator Non Hakim (Studi Kasus: Pengadilan Agama Karanganyar)
Abstract
Mediation within the religious court system is intended to serve as a primary mechanism for resolving disputes through consensus and reconciliation prior to formal adjudication. Supreme Court Regulation Number 1 of 2016 provides legal recognition for non-judge mediators to conduct court-annexed mediation on an equal footing with judge-mediators. Nevertheless, the practical implementation of mediation by non-judge mediators at the Karanganyar Religious Court demonstrates a relatively low success rate. This study aims to examine the implementation of dispute resolution through mediation facilitated by non-judge mediators and to analyze the obstacles encountered in its application at the Karanganyar Religious Court. This research adopts an empirical legal research method with a descriptive approach, combining normative legal analysis with field data obtained through interviews, observation, and documentation. The findings indicate that while the mediation process formally complies with the provisions of Supreme Court Regulation Number 1 of 2016, its practical effectiveness remains limited. The main challenges identified include the lack of willingness of disputing parties to reach an agreement, the limited availability of non-judge mediators, the high volume of cases handled by the court, and the prevailing preference for judge-mediators. The study concludes that enhancing the effectiveness of non-judge mediator involvement requires stronger institutional support, improved mediator competence, and greater awareness among disputing parties to ensure mediation operates as a meaningful and equitable dispute resolution mechanism
Fields of Study & Subjects
Indonesian Legal and Regulatory Studies
Dispute Resolution and Class Actions
Legal and Policy Analysis in Indonesia
Publication details
- Journal / source
- UMS Library Center of Academic Activities (Universitas Surakarta)
- Publication date
- 1 January 2026
- Language
- EN
- Document type
- Thesis