ANALISIS YURIDIS PROSES MEDIASI DALAM PENYELESAIAN PERKARA CERAI TALAK NOMOR 3230/PDT.G/2023/PA.SBY

Talak divorce is the breakup of the marriage bond when the husband gives the sentence of divorce to the wife in front of the Religious Court. Law Number 16 of 2019 states that divorce becomes valid if it is carried out through a trial process in court after the judge tries to reconcile the two parties but is unsuccessful. This study aims to determine the mediation process in the settlement of divorce case No.3230/Pdt.G/2023/PA.Sby which was decided by the Judge with a Decision of Niet Ontvankelijke Verklaard. The method used in this research is empirical juridical in which it examines the legal provisions that apply in society or research conducted based on facts in society which are then used as data to identify the problems that are happening. The results of this study can be concluded that the testimony of the parties in the mediation process of divorce cases is very important to be heard. The absence of one of the parties in the mediation process is an obstacle for the Judge in carrying out his function as a mediator to seek peace. For this reason, the parties should be able to make the best use of the mediation process because mediation is a means to resolve the problems faced, not just as a mere formality in resolving cases.