Implementation and Legal Culture of the Mediation Process in Religious Court A Case Study of Pengadilan Agama Sukoharjo

Abstract

After the enactment of PERMA number 1 of 2016 on Mediation Procedures in Courts, significant changes are expected, particularly in the implementation and legal culture shaped by this regulation. Initial data suggests a notable disparity between cases mandated for mediation and those actually undergoing it. This study aims to assess how the mediation process is applied at the Sukoharjo religious court following the enactment of PERMA number 1 of 2016. Additionally, it explores the legal culture surrounding mediation in religious courts, drawing on Lawrence M. Friedman's concept of legal culture within the legal system sub-theory. This qualitative field research utilizes interviews, documentation, and observation as primary data sources. The analysis proceeds through four steps: data collection, data reduction, data display, and data interpretation. The findings describe the implementation of PERMA number 1 of 2016 in religious courts and identify factors contributing to the success of the mediation process. Furthermore, it examines the evolving legal culture within mediation processes in religious courts.