The Role of the Mediator Judge in the Formation of the Van Dading Deed as an Instrument of Peace in Divorce Cases in Religious Courts

Abstract

This study aims to analyze the role of the mediator judge in the formation of a van dading deed as a peace instrument in divorce cases in Religious Courts. The research method used is a normative legal approach by examining relevant laws and regulations, legal doctrine, and court decisions. The results show that the van dading deed has permanent and executory legal force because it is approved by a judge, so it can be immediately enforced without a new lawsuit if a violation of the agreement occurs.

The mediator-judge serves not only as a communication facilitator but also as a guardian of the legality of the substance of the agreement to ensure it does not conflict with substantive or formal law. In divorce cases, this role is crucial for protecting the rights of women and children and ensuring that the agreement contains substantive justice. Obstacles that arise include low mediation effectiveness, weak legal drafting skills, and the lack of standardization of the wording of the deed of divorce in all religious courts.

The conclusion of this study confirms that the van dading deed is an effective dispute resolution instrument that aligns with the principles of legal certainty, justice, and expediency. Strengthening the capacity of mediators and updating technical guidelines is necessary to ensure that mediation in religious courts truly embodies the values ​​of restorative justice and public welfare in Islamic family law in Indonesia.