The Failure of Divorce Mediation; The Role of Attorney in the Mediation Process of Divorce Cases in Indonesia
DOI:
https://doi.org/10.14421/jtxm1b69Keywords:
Failure of Mediation, Role of Legal Counsel, Divorce Cases, Advocate Code of EthicsAbstract
The juridical obligation of attorney is to encourage the parties to actively participate in the mediation process. However, based on observations of the phenomenon that occurred, some unscrupulous attorneys seemed to influence their clients. In a short time the parties who were originally going to reconcile finally insisted on continuing the divorce. This study aims to analyze the role of attorney in the mediation process of divorce cases at the Sleman Indonesia Religious Court and also how the juridical review of the role of attorney in the mediation process of divorce cases at the Court. This study is a field study whose data is collected through interviews and observations at the Sleman Religious Court. The approach in this research is empirical juridical, i.e. the data obtained in the field is then analyzed using relevant legal rules, namely Law No. 18 of 2003 concerning Advocates and Supreme Court Regulation No. 1 of 2016 concerning mediation. This study uses legal ethics theory to analyze the role of attorney in the divorce mediation process, and legal system theory to analyze several factors that cause the failure of divorce mediation, whether there is a role of attorney. The results of this study show that many attorneys have carried out their duties in accordance with the Advocate Code of Ethics and in accordance with the regulations on mediation procedures in the Court. However, there are still advocates who try to influence their clients in the mediation process. From a juridical perspective, this cannot be justified as it is not in accordance with the law and ethics. However, it is not entirely to blame, because in terms of legal structure there are mediation facilities at the Sleman Religious Court that are not in accordance with Supreme Court regulations such as mediation rooms that are not soundproof, so that the conversation between the mediator and the principal is heard by the attorney.
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