Perlindungan Anak Pasca Perceraian Orang Tua melalui Mediasi di Pengadilan Agama

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Abstract

Parental divorce does not extinguish children's rights or parents' obligations to provide for and protect their children. Nevertheless, the fulfillment of children's rights after divorce continues to face challenges concerning financial support, custody, and the continuity of parental responsibilities. This study aims to analyze the legal protection of children after parental divorce through mediation in Religious Courts and to formulate measures to strengthen mediation in accordance with the best interests of the child. This study employs normative legal research using statutory and conceptual approaches. Legal materials are collected through library research and analyzed descriptively, analytically, and prescriptively. The findings indicate that mediation can provide a means for encouraging agreements on child maintenance, custody, and parental responsibilities. However, reaching an agreement does not automatically guarantee the fulfillment of children's rights. Mediation should be strengthened by clarifying parental obligations, preventing agreements reached under pressure, and establishing appropriate follow-up mechanisms when obligations are not fulfilled. The policy context of the Lumajang Religious Court is used as an institutional illustration rather than as a basis for quantitatively assessing mediation outcomes.