Culture of Mediation in the Perspective of Islamic Law

Abstract

Conflicts among humans are as old as humans, whether they occur in a person such as the gap between desires and reality within. If we pay attention to the history of life, we can find various forms of conflict, both in the form of individuals, groups, ethnicities, religions and races. as well as conflicts between nations. In a country there are also many conflicts, both related to politics, the economy and conflicts within the family that never end.

Dispute resolution through mediation can be equated with dispute resolution through "hakam" and its operational form is "tahkim", this is stated in the Qur'an. Conflicts that continue to become disputes in court often occur in the legal state of the Republic of Indonesia, both criminal and civil.

In the Indonesian Legal Dictionary, the notion of mediation is a peaceful dispute resolution process that involves the assistance of a third party to provide a solution that is acceptable to the disputing parties.

According to Priatna Abdurrasyid, mediation is a peaceful process in which the disputing parties submit their settlement to the mediator to achieve fair results, without large costs but still effective and still acceptable.

Meanwhile, according to PERMA Number 1 of 2016, mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator.

The results of this study indicate that this government effort, through PerMA no. 1 of 2008, is a solution in solving every case. A mediator is required to have sufficient qualifications, both judge mediators and non-judge mediators. The level of success through mediation efforts by mediators has not been the expectation of PerMA no. 1 of 2008. This is caused by several factors, namely, the professionalism of the mediator, the empowerment of non-judge mediators and integrated coordination.