PELAKSANAAN MEDIASI DALAM PENYELESAIAN SENGKETA PERCERAIAN OLEH BADAN PENASEHAT PEMBINAAN DAN PELESTARIAN PERKAWINAN (BP4) KOTA PEKANBARU

Abstract

Divorcement is a defeasance of a matrimony through a verdict or an indictment of one of the
couples in the marriage. According to the article 38 of Marriage Act that a divorcement is a
“breakup of marriage”. Pekanbaru is one of the municipalities in Indonesia that has an increasing
number of divorces. One of peaceful efforts is able to overcome a divorce case is a mediation
process. The Board of Advisor, Coaching, and Preservation of Marriage (Badan Penasehat,
Pembinaan, dan Pelestarian Perkawinan, BP4) in the city possesses tasks to handle marriage
problems where one of its duties is to protect a marriage divorce through a mediation process.
However, based on the existing data, the total divorces registered in the Religious Court of
Pekanbaru City is numerously and inversely proportional with the total of cases registered in the
BP4 of the city. The purposes of this undergraduate thesis were (1) to seek the mediation process in
overcoming the divorce disputes conducted by BP4 of Pekanbaru city, and (2) to find out ways of
the board in order to carry out the mediation process of divorce disputes effectively.
This study is able to be categorized into a sociological research due to it had been taken
directly in the research location. It was conducted in the BP4 of Pekanbaru City. Population and
samples of this research were all parties related to the observed problems. Data came from three
sources, primary, secondary and tertiary. Data were collected by interviews and literature studies.
This research infers two main findings. First, a mediation process in the BP4 of Pekanbaru
City consists of five steps such as registration, determining mediator, call related parties, mediation
trial, and result of mediation. In implementing those steps, there are some finding obstacles namely
internal factors likes a lack of mediator officers and a difficulty to unify both parties, and external
factors such as an absence of mediation room and nonappearance of a special regulation in
organizing mediation process in the board. Second, efforts ought to be carried out for implementing
the mediation process in the board effectively through two ways, internally and externally.
Internally, numbers of mediators have to be added and their capabilities should be upgraded.
Externally, a mediation room is a must and the special acts to arrange the mediation process in the
board is highly recommended.
Keywords: divorcement – BP4 – mediation