Mediation in the Perspective of Islam and Its Implementation in the Religious Court of Bandung (A Case Study of Divorce Cases 2013-2014

Abstract

Mediation in Islamic perspective is a method of resolving disputes by peaceful means. The application of the concept of Islah and tahkim can be equated with the mediation process on the provision of third party involvement as a mediator or Hakam to be a middle way for the parties to the dispute. The issue behind this writing of mediation is the number of divorce cases (divorce and a contested divorce) in the Religious Courts Bandung. The research on mediation is conducted with divorce proceedings, because mediation is the spearhead of the last peace in the neighborhood Justice. The method is descriptive analysis method. The author would like to describe and analyze the application of mediation in Bandung Religious Court then interpreted through the phenomenon in a divorce case in the Religious Bandung. Mediation in divorce cases in the Religious Bandung experiencing periodic bluntness, mediation has not effectively reconcile the litigants, recently acquired in Bandung Religious Courts, cases successfully mediated in 2013 only 7.7%, whereas in 2014 5, 7%, judging from the success percentage is no deterioration of 2.7%. So it can be said that mediation in the Religious Bandung ineffective. A decrease in the success of mediation in 2014 showed the failure of mediation, which investigated yet reached 50%. A maximum of 30.5% success was obtained Bandung Religious Court. A factor causing the failure of mediation in this case is the confidence of the parties to remain divorced, lack of compliance and the implementation of community mediation is not in accordance with the theory of mediation in Islam altogether. Then factor of success is the agreement of the parties, the mediator aspect, time, and facilities mediation. Thus, the failure of mediation in Bandung Religious Court because of two sides that are no longer in reconciled and united again. As well as the implementation of mediation which do not meet all the elements of the reconciliation process as outlined in the reconciliation theory covering aspects of the parties’ awareness and standard abilities as a mediator (Musleh).