Efektivitas Mediasi dalam Penyelesaian Konflik Perceraian Non-Litigasi dan Litigasi di Pengadilan Agama Bogor Prespektif Hukum Keluarga Islam

Abstract

This study focuses on how mediation is applied in two different stages, namely before the case is registered in court (non-litigation) and after the case goes to court (litigation). From the perspective of Islamic Family Law, the concept of mediation is in line with the principle of ishlah (peace) as taught in the Qur'an and hadith. Islam prioritizes conflict resolution in a peaceful manner before taking divorce as a final solution. Therefore, this study examines the extent to which the principles of Islamic mediation are applied in the legal process at the Bogor Religious Court and compares its effectiveness in reducing conflict escalation and reducing divorce rates. This study uses a qualitative method with a juridical-empirical approach. Data were collected through interviews with judges, mediators, couples undergoing divorce proceedings, and documentation studies of decisions related to divorce cases at the Bogor Religious Court. The analysis was carried out by comparing the success rate of mediation before and after the case went to court, the obstacles faced, and the factors that influenced its success or failure. The results of the study indicate that mediation before going to court tends to be more effective in resolving conflicts peacefully compared to mediation conducted after the case is registered in court. The main factors contributing to the success of pre-litigation mediation are the flexibility in negotiations, the more independent role of the mediator, and the lack of pressure from the formal legal process. In contrast, litigation mediation is often less effective because the couple already has a negative perception of each other and is more likely to insist on continuing the divorce process. In line with the perspective of Islamic Family Law, mediation (non-litigation) is a highly recommended means of resolving household conflicts before divorce occurs. The concept of ishlah in Islam emphasizes the importance of finding common ground and avoiding family breakdown.