PROSES PENYELESAIAN PERMOHONAN CERAI TALAK PASCA GAGAL MEDIASI DI PENGADILAN AGAMA KOTA MALANG PADA REGISTER NOMOR PERKARA 705/Pdt.G/2025/PA.Mlg

Divorce by talaq is one of the most frequently submitted cases in the Religious Courts and is mandatorily preceded by mediation as an effort to achieve amicable dispute resolution. In practice, mediation does not always result in an agreement, thereby requiring further legal mechanisms to ensure legal certainty and the protection of the parties’ rights. This study aims to analyze the settlement process of a talaq divorce petition after mediation is declared unsuccessful, based on Case Register Number 705/Pdt.G/2025/PA.Mlg at the Malang City Religious Court. The research applies an empirical legal method with a juridical-empirical approach by examining applicable legal norms and their implementation in actual court proceedings. The findings reveal that the failure of mediation does not terminate the settlement of the case but shifts the process to substantive adjudication through pleadings, evidentiary hearings, and judicial deliberation. The discussion highlights that after unsuccessful mediation, the role of judges becomes central in balancing legal certainty and substantive justice, particularly in determining the legal consequences of divorce, including post-divorce financial obligations and child custody. This study suggests the continuous improvement of mediation practices while maintaining judicial authority to safeguard the legal rights of the parties when mediation fails.