Kedudukan Hakim Dalam Mediasi Perkara Syiqaq Di Mahkamah Syar’iyah Pidie Jaya

  • Mahmudi Mahmudi Institut Agama Islam Al-Aziziyah Samalanga

Abstract

Mediation is a peaceful effort held in the judicial environment in solving every civil case that is claimable. The Meureudu Syar'iyah Court, Pidie Jaya is one of the judicial institutions which was previously known as the Religious Court. Problem formulation in this study is how is the role of the judge of the Meureudu Syar'iyah Court, Pidie Jaya as mediator against the settlement of syiqāq. This research is a qualitative field research with a juridical-empirical approach, namely research that moves from secondary data, then conducted a study of primary data at the study site. From the results of the study the researcher concluded that, the judge of the Meureudu Syar'iyah Court in resolving household disputes had a dual role. One of the judges who examined the case at the trial table also mediated in the mediation event. The judge becomes the mediator only acts as a facilitator in seeking peace for both parties. The judge acted as the executor in completing the case in accordance with the mediation report in the trial.

Published
2020-03-14