The Effectiveness of Mediation Implementation in Resolution of Joint Property Disputes after Divorce in Brebes City
Abstract
Abstract. Divorce is a legal event that has a significant impact on various aspects of a married couple's life, including the division of joint assets. Conflicts arising from disputes over joint assets after divorce often lead to complex problems that have the potential to disrupt social harmony and harm both parties. The purpose of this study is to analyze: 1) a legal review of the status of land ownership in the old village of Batam City according to Agrarian Law. 2) legal protection of land ownership rights in the Old Village community of Batam City after the Agrarian Law. This type of research is empirical legal research. The approach method in this research isstructural approach and cultural approach. The type and source of data in this study are primary data. Data analysis is a research activity that involves reviewing the results of data processing. The results of this study are that the implementation of mediation in resolving joint property disputes at the Brebes Regency Religious Court has demonstrated significant effectiveness as a more humane, efficient, and participatory alternative dispute resolution. The implementation of mediation based on PERMA Number 1 of 2016, supported by an understanding of Islamic law and local social dynamics, is able to produce a fairly high level of success. Despite facing various challenges such as limited resources and case complexity, it can be concluded that the effectiveness of mediation is the result of a complex interaction between internal and external factors that influence each other. Keywords: Divorce; Effectiveness; Joint Property; Mediation; Settlement.References
Books:
Budi Santoso, (2020), Efektivitas Mediasi di Pengadilan Agama, Yogyakarta : Gama Press
Citra Dewi Sari, (2022), Analisis Faktor-Faktor Mediasi Hukum Keluarga, Bandung : Remaja Rosdakarya
Dedi Supriadi, (2021), Penyelesaian Sengketa Harta Bersama Pasca Perceraian, Jakarta : Sinar Grafika
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Regulation:
Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court,
Interview:
Interview with Aisyah, Putri, as a Family Law Specialist Mediator, January 30, 2025.
Interview with Bambang, Sutrisno, as Clerk of the Brebes Regency Religious Court, January 20, 2025
Interview with Dewi Sartika, as Deputy Clerk of the Brebes Regency Religious Court, the interview was conducted on August 8, 2025.
Interview with Hendra Wijaya, as Judge of the Brebes Regency Religious Court, the interview was conducted on August 8, 2025.
Interview with Indra Gunawan, as a Public Accountant and Mediation Consultant, the interview was conducted on January 27, 2025.
Interview with Rudi, Hermawan, as Mediator of the Brebes Regency Religious Court, January 31, 2025.
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