Utomo, Selny Amalia (2025) EFEKTIVITAS PERAN ADVOKAT SEBAGAI KUASA HUKUM DALAM PROSES MEDIASI PADA SENGKETA PERCERAIAN (Studi Kasus di Pengadilan Agama Malang). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
The high divorce rate in Malang City, reaching 1,968 cases in 2024, contrasts with the low success of mediation despite its mandatory implementation under Supreme Court Regulation (PERMA) No. 1 of 2016. This raises questions about the role of advocates, who not only assist clients but are also expected to facilitate reconciliation. This study applies a juridical-empirical method with a qualitative approach through interviews, observations, and literature reviews involving mediators, advocates, and litigating parties. The research focuses on: (1) the effectiveness of advocates roles as legal counsel in divorce mediation at the Malang Religious Court, and (2) the obstacles and legal strategies undertaken by advocates in pursuing reconciliation. Findings show that advocates contribute by providing legal advice, guiding clients, and maintaining communication. However, their effectiveness remains limited, as reconciliation outcomes account for only about 4% of cases. The main challenges include clients low legal literacy, uncooperative attitudes, and technical barriers in online mediation. Legal solutions include delivering legal education in simple and persuasive language, strengthening psychological approaches to balance emotions, and optimizing technical support for online mediation in accordance with Supreme Court Circulars (SEMA) No. 1 of 2020 and No. 3 of 2022. In conclusion, advocates roles in divorce mediation remain largely procedural and have not yet achieved substantial reconciliation. Strengthening peace-oriented advocacy, ensuring mediators firmness in limiting advocates roles under PERMA, and improving public legal literacy are necessary steps.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Student ID: | 202110110311092 |
| Keywords: | Advocate, Mediation Divorce, Effectiveness |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | 202110110311092 selnyamalia |
| Date Deposited: | 20 Nov 2025 04:46 |
| Last Modified: | 20 Nov 2025 04:46 |
| URI: | https://eprints.umm.ac.id/id/eprint/25244 |
