Efektivitas Mediasi Elektronik dalam Perkara Perceraian di Pengadilan Agama: Upaya Mempertahankan Keutuhan Keluarga di Era Digitalisasi Peradilan

Abstract

Judicial digitalization through electronic mediation is a legal breakthrough to achieve fast and efficient justice. This study aims to analyze the effectiveness of electronic mediation in divorce cases at the Religious Courts and its review based on the perspective of Islamic Law. Using a normative-juridical method and the Maqashid Shariah approach, the study finds that electronic mediation is highly effective procedurally and administratively according to Supreme Court Regulation No. 3 of 2022. However, substantially, the absence of physical presence creates a psychological distance that reduces the effectiveness of the mediator's persuasive communication. From an Islamic Law perspective, digital mediation is a valid wasilah to achieve ishlah, yet it requires strengthening the humanistic touch to preserve the essence of peace. The study concludes by emphasizing the importance of enhancing digital communication competence for mediators to maintain family integrity (hifz an-nasl) in the era of disruption.