The use of mediation in divorce dispute settlement for civil servants in the city of Sabang
Cut Raudhatul Jannah, Muzakkir Abubakar, Ilyas
In PERMA No.1 of 2016, mediation is a method for resolving disputes through negotiation to reach an agreement between the parties, with the assistance of a mediator. In addition to the general public and Civil Servants, mediation is also utilized in divorce conflicts involving both parties. According to Article 1 point 1 of Government Regulation (hereinafter referred to as PP) Number 45 of 1990 concerning Amendments to Government Regulation Number 10 of 1983 Concerning Marriage and Divorce Permits for Civil Servants, a civil servant must obtain permission from his superiors to divorce. In addition, divorce permits are governed by Part III of Circular Letter 08/SE/1983 BKAN about Marriage and Divorce Permits for Civil Servants. In practice, however, the implementation of mediation as an alternative means of resolving divorce disputes for civil officials in the City of Sabang has not been optimal, despite the number of divorce cases involving civil servants increasing annually. Problematically, the implementation procedure is linked to the mediation procedure in settlement of divorce cases involving civil servants before the Syar'iyah Court in Sabang City. This study intends to examine the implementation of mediation in the settlement of divorce cases involving civil servants at the Syar'iyah Court in Sabang City. The research approach is empirical juridical, which refers to studying real-world situations undertaken to discover facts. This study is descriptive. The study results indicate that divorces among government officials continue to occur annually and that the mediation that has been attempted thus far has been unsuccessful. Article 1, number 1 of PP No. 45 of 1990, stipulates that civil servants who wish to divorce need to acquire authorization from their superiors, making the divorce process for civil servants rather difficult. His superiors are required to attempt reconciliation between divorcing parties. Still, if this is unsuccessful, a divorce permit granted by the Mayor or Regional Secretary will be issued and delivered to the Syar'iyah Court for approval. However, before the file is sent to the BKPSDM, the parties must first be mediated at the Geuchik (village head) level. If that fails, the parties will be mediated again at BP4, and if that fails, the civil servant's superior will mediate the dispute. Mediation has not run optimally due to the following factors: (a) mediation is not prioritized in its implementation; (b) not all mediators in charge have a mediator certification; (c) understanding of mediation is not optimal; (d) parties lack good faith; and (e) limited facilities and infrastructure. However, the Syar'iyah Court aims for mediation to function optimally by maximizing its use in divorce and other conflicts, reviewing the effectiveness of each mediator, and strengthening operational standards, despite the lengthy process.
Cut Raudhatul Jannah, Muzakkir Abubakar, Ilyas. The use of mediation in divorce dispute settlement for civil servants in the city of Sabang. International Journal of Law, Volume 8, Issue 3, 2022, Pages 112-117