Upaya Perdamaian Proses Perceraian Melalui Mediasi Oleh Pengadilan Agama Sebagai Family Counseling

Abstract

One of the social problems in Jember is the high divorce rate. Divorce is chosen because it is considered as a solution to the problems that previously occurred in the family. On the other hand, many studies have shown that divorce could bring negative effects on husbands, wives and children. It means that divorce not only brings the positive effects because it ends the previous problem but also raises new problems. Therefore, it needs family counseling agencies that can help to solve the problem. Religious court is not a family counseling institution but in practice, it has effort to reconcile and resolve family problems through mediation, so it is important to understand the mediation effort of divorce in religious court as family counseling. This research used qualitative approach in descriptive type. The research location was in Religious Court of Jember. The used informant determination technique was Purposive technique. The used data collection methods were observation, interviews, and documentation. The data were analyzed by using Miles and Huberman model. To Test data validity, the researcher used source and method triangulations. The research results indicated that the mediation of divorce in religious court was an effort to solve family problems done by both husband and wife assisted by neutral and professional third party that was mediator. He did not take decision, but he helped families reach reconciliation. The mediation process was carried out with a problem solving approach with several steps, namely (1) establishing relationships with clients (2) identifying family problems, (3) doing caucus as needed, (4) giving advice, (5) offering reconciliation through written agreement, and (6) making formal agreement.