TANTANGAN BERKOMUNIKASI DALAM PROSES MEDIASI CERAI TALAK (STUDI KASUS REGISTER PERKARA NOMOR 3419/PDT.G/2023/PA.JT)

Dyalastari, Widyani Thalia (2024) TANTANGAN BERKOMUNIKASI DALAM PROSES MEDIASI CERAI TALAK (STUDI KASUS REGISTER PERKARA NOMOR 3419/PDT.G/2023/PA.JT). Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

Mediation is a dispute resolution process that must be carried out in accordance with Supreme Court Regulation Number 1 of 2016. This writing aims to understand how mediation is conducted in the context of divorce cases. The research method employed in this study is empirical legal research, focusing on real-life behaviors in community life. In the implementation of the mediation agenda for case registration number 3419/PDT.G/2023/PA.JT, there was a language barrier issue because the Applicant could not speak Indonesian, and the Mediator was not proficient in English. Consequently, the applicant's legal representative acted as an interpreter during the mediation process since there was no interpreter available at the Religious Court. Language barrier is a courtroom problem that can arise due to language differences, but until now, there are no regulations regarding the presence of interpreters in court. To mitigate language barrier issues, the author suggests that both the Panel of Judges and Non-Judge Mediators better prepare themselves for understanding foreign languages, particularly English as the international language, to avoid difficulties during mediation or subsequent court proceedings caused by limitations in foreign language proficiency. Additionally, provisions regarding interpreters should be included in the Civil Procedure Code Bill, which is currently in the 2024 Legislative Program.

Item Type: Thesis (Undergraduate)
Student ID: 202010110311379
Keywords: Divorce, Mediation, Mediator
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202010110311379 thalia03
Date Deposited: 15 Jul 2024 08:24
Last Modified: 15 Jul 2024 08:24
URI: https://eprints.umm.ac.id/id/eprint/8116

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