IMPLEMENTASI PERATURAN MAHKAMAH AGUNG NO. 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN TERHADAP PROSES MEDIASI PERKARA GUGAT CERAI DENGAN NOMOR REGISTER PERKARA: 16XX/PDT.G/2023/PA.KAB MLG

In the case of a divorce case, mediation is something that must be done before entering the trial process. In the Mediation Process carried out at the Malang Regency Religious Court in the Divorce Case there are several obstacles. This Final Project will further discuss the implementation of PERMA NO.1 of 2016 concerning Mediation Procedures in Courts on the Mediation Process carried out at the Malang Regency Religious Court in the Divorce Case with Case Register Number: 16XX/PDT.G/2023/PA. KAB. MLG. So that it can find out how the Implementation of PERMA Mediation Procedures in the mediation of the Divorce Case with Case Register Number: 16XX/PDT.G/2023/PA. KAB. MLG. Conducted using empirical juridical method with socio legal approach based on primary data and secondary data. The results of this study are that most of the mediation process in the Divorce Case with Case Register Number: 16XX/PDT.G/2023/PA. KAB. MLG is in accordance with PERMA No. 1 of 2016 concerning Mediation Procedures in Court, but there are procedures that are not implemented, namely the signing of the mediation procedure explanation form. In addition, in Article 17 paragraph 6 there is legal ambiguity regarding whether the judge can explain the mediation procedure only to the attorney. So in this case the author suggests that in the event that the process has not been implemented as in the PERMA Mediation Procedure in Court, it is necessary for each Court to implement it as a whole and in accordance with the Laws and Regulations. In addition, there needs to be further provisions to avoid legal vagueness in Article 17 paragraph 6.