The Interpretation on Provisionof Principal’s Presence in Divorce Case Mediationduring Covid-19 Pandemic

(Case Study at Cilacap Religious Court)

Abstract

Mediation has been adopted to civil case examination on court and regulatedinPERMA No. 1 of 2016. The disputant as parties of the case (principal) should attendin person to make reconciliation for their problem, especially in case of divorcebetween husband and wife. In situation of COVID-19 global pandemic, there areobstacles for principal to attend the mediation process. The purpose of this researchis to observe the adjustment in mediation during COVID-19 pandemic made byCilacap Religious Court’s judges that are not found in PERMA No. 1 of 2016andprogressive legal theory related to the interpretation on provision of principal’s presence in divorce case mediation during COVID-19 pandemic. This research usednormative and empirical research method. The result of this research is withintheCOVID-19 pandemic, the interpretation on provision of the principal’s presence is given additional reasons for the principal’s absence by judges at Cilacap Religious Court from those regulated in PERMA No. 1 of 2016. The alternative provision aimtomaintain health and safety of all parties’ live, to facilitate and shorten the trial, andtoprotect principal’s rights and interests. Viewed from progressive legal theory, Cilacap Religious Court’s actions are in line with progressive ideas to not focusedinlegal narrative texts and provide flexibility for legal actors. The intention of theflexibility is to create justice, happiness, and prosperity for the community.