PENERAPAN MEDIASI DALAM PENYELESAIAN SENGKETA PERCERAIAN DI PENGADILAN AGAMA BINJAI

Abstract

This study aims to analyze the application of mediation as a mandatory effort in resolving divorce disputes at the Binjai Religious Court (PA Binjai), and to identify factors influencing the success and failure of mediation from the perspective of positive law, Civil Code (KUHPerdata), and Islamic law. This study employs an empirical juridical method with a qualitative approach. Primary data was obtained through in-depth interviews with a legal practitioner, Muhammad Yusuf, S.H., M.H., and secondary data from the 2025 PA Binjai Annual Report. The results indicate that mediation at PA Binjai is implemented imperatively in accordance with PERMA Number 1 of 2016 and in line with the principle of reconciliation in Article 130 HIR and Article 1895 of the Civil Code. Mediation failures are generally caused by adultery, family pressure, and the impossibility of reconciliation. Empirical findings show a significant trend of divorce due to the husband's involvement in drug abuse, which causes 90% of these cases to fail in mediation and end in wife-initiated divorce. From the perspective of Maqashid Sharia, divorce due to drugs becomes an exit (makharij) for wives to save themselves and their children from destructive impacts, in line with the principle of hifz an-nasl (protecting lineage).