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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

In general, people prefer to resolve a case through a non-litigation mediation process, more specifically related to family problems, there are several factors that greatly influence, some people think that if it is resolved through the judiciary, it will cost quite a lot, the settlement process in a very long period of time and the community's adherence to customary laws which are more believed to be able to solve problems compared to the litigation process, and also the distance that is too far to reach the court makes people prefer to resolve problems through non-discriminatory mediation. litigation. Therefore, The focal point of the problem in this study is how effective non-litigation mediation is in divorce cases and what are the factors that encourage non-litigation mediation in the people of Kalisari Village, Losari District, Cirebon Regency.
This research uses field studies in the form of descriptive research, namely a study that aims to describe the situation in a particular area by seeking factual information, circumstances, making evaluations so that a clear picture is obtained. Furthermore, conducting a critical interpretation while looking for a method to solve it, and analyzed qualitatively by means of deductive and inductive thinking.
Results The findings show that the non-litigation mediation process is a good habit that comes from a culture of deliberation that has been going on for generations in a community environment. In addition, economic factors, educational factors, and socio-cultural factors also greatly influence the enactment of the non-litigation mediation process. for the entire community of Kalisari Village, there are many advantages and disadvantages of the non-litigation mediation process when compared to the litigation mediation process. The non-litigation mediation process in resolving family problems, especially in divorce cases that occurred in the Kalisari Village community is very effective, because most disputes can be resolved non-litigation, then costs and also shorter time as well as family relationships and harmony in the environment. society is maintained.

41/PMH/2022

41/PMH/2022

Perpustakaan FSH Lantai 4

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