Journal articles on the topic 'Divorce mediation Indonesia'

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1

Ridwan, Masrur, Aryani Witasari, and Ahmad Hadi Prayitno. "PERSPECTIVE OF MEDIATION EFFECTIVENESS THEORY AS MAIN OPTIONS IN ORDER TO LOWER DIVORCE RATE." Jurnal Pembaharuan Hukum 8, no. 2 (July 17, 2021): 184. http://dx.doi.org/10.26532/jph.v8i2.16065.

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The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in household cases have been pushed to take advantage of mediation institutions from an early age. The five elements according to effectiveness theory related to mediation as the main choice in suppressing the divorce rate well done.
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2

Saraswati, Rika, Emanuel Boputra, and Yuni Kusniati. "PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA." Veritas et Justitia 7, no. 1 (June 28, 2021): 188–210. http://dx.doi.org/10.25123/vej.v7i1.4066.

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In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children. Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody. Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.
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3

Hasan, Faradila, Yasin -, and Fikri Amiruddin. "Mediation in Marriage Disputes and Divorce (Analytical Study on the Application of Mediation in the Gorontalo Religious Court)." INNOVATIO: Journal for Religious Innovation Studies 21, no. 2 (December 10, 2021): 99–111. http://dx.doi.org/10.30631/innovatio.v21i2.123.

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Abstract: This article discussed mediation as a way of resolving marital disputes. Divorce was one form of marital dispute in the Religious Courts, and in terms of resolving marital disputes, mediation was required. Although the rules of mediation in the judiciary are very clear, the facts show that the disputing parties and the courts have not optimized their use so that the divorce rate every year does not experience a significant decrease; on the contrary, it increases. The theory regarding mediation procedures in the Religious Courts has clearly been stated in the Supreme Court of the Republic of Indonesia (No. 1 of 2016). This article aims to analyze the implementation of the mediation process at the Gorontalo Religious Court. Therefore, it is necessary to conduct more in-depth research on the effectiveness of the Gorontalo Religious Court to resolve marital disputes that lead to divorce, which can be avoided, and the litigants can get back together and foster a ‘sakinah mawaddah wa rahmah’ household. This article used a qualitative with an empirical juridical approach. It could be concluded that the mediation had been carried out at the Gorontalo Religious Court under the Regulation of the Supreme Court of the Republic of Indonesia (No. 1 of 2016). Four factors affect successful and unsuccessful mediation, namely the litigation party factor, the mediator factor, the advocate or lawyer factor, and the representative mediation room factor.
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4

Hanifah, Mardalena. "PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 2 (March 8, 2021): 101. http://dx.doi.org/10.36913/jhaper.v6i2.134.

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Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts can be an eff ort to resolve civil disputes so that the settlement of civil disputes through mediation is the main choice. The research method used is normative legal research which includes research on legal principles which is very basic in guided law. The nature of the research carried out is descriptive, namely research that describes and explains in clear and detailed sentences. The data used are secondary data obtained from literature, consisting of primary, secondary, and tertiary legal materials. Processing and data analysis used qualitative methods. The defi nition of mediation according to the Religious Courts in Indonesia and the Syari’ah Courts in Malaysia is the eff ort of the judges and courts to reconcile the parties so that the divorce process does not continue at the next trial. When the mediation process was carried out at the Indonesian Religious Court and the Syari’ah Court in Malaysia, there was a similarity, namely the mediation process was carried out at the fi rst trial and it was an obligation for the disputing parties in a divorce case to take mediation. according to the procedure for the appointment of mediators at the Indonesian Religious Courts and the Syari’ah Courts in Malaysia and the appointments of these mediators are both made by the judges.
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5

Sukaenah, Sukaenah, Rusli Rusli, and M. Taufan B. "The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, no. 1 (August 1, 2020): 63–80. http://dx.doi.org/10.24239/ijcils.vol2.iss1.15.

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This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation marital disputes in the Religious Court. This study used qualitative research method. Data was gathered through observation, in-depth interviews, and documenta studies. Data were analyzed through data reduction, presentation, verification, and conclusion drawing. The results of the study shows that effectiveness of PERMA No. 1 of 2016 has been successfully implemented, but the regulation is not effective to reduce divorce rates. This is because the cases that have been reconciled are still few compared to failed mediation. The efforts carried out by the mediator to make mediation effective are merely to act as facilitators by explaining the purpose of mediation to litigants, providing facilities to carry out mediation and increasing the ability of mediators. Supporting factors: Implementation of Mediation based on PERMA Number 1 Year 2016 which is effective, Qualification of Mediators, Facilities, Community Compliance and cultural factors. Inhibiting factors includes technical factors such as mediator limitations, longer mediation time, non-technical factors includes lack of understanding for the parties about the importance of mediation.
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6

Askaruddin, Muh, Dachran Busthami, and Hasan Kadir. "Efektifitas Mediasi Terhadap Perkara Perceraian Di Pengadilan Agama Kelas 1a Watampone." Kalabbirang Law Journal 2, no. 1 (April 30, 2020): 1–13. http://dx.doi.org/10.35877/454ri.kalabbirang26.

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Tujuan penelitian mengungkap efektivitas mediasi dalam perkara perceraian di Pengadilan Agama Kelas 1A Watampone. Berdasarkan hasil analisa efektivitas mediasi dalam perkara perceraian di Pengadilan Agama Kelas 1A Watampone, menunjukan bahwa mediasi belum efektif. Faktor-faktor penyebabnya adalah: Tingkat kepatuhan masyarakat yang menjalani proses mediasi sangat rendah. Fasilitas dan sarana mediasi di Pengadilan Agama Kelas 1A Watampone masih kurang memadai baik dari segi ruang mediasi maupun fasilitas penunjang didalamnya. Selain Ketua Pengadilan Agama Kelas 1A Watampone, hakim yang ditunjuk menjadi mediator seluruhnya belum mengikuti pelatihan mediasi yang diselenggrakan oleh Mahkamah Agung Republik Indonesia. Penempatan pelaksanaan mediasi di Pengadilan Agama tidak tepat atau tidak sesuai dengan apa yang telah digariskan oleh Allah swt., dalam QS al-Nisa>’/4: 35, tentang kedudukan dan kewenangan hakam (mediator) dalam menyelesaikan konflik yang terjadi dalam rumah tangga. The purpose of the study revealed the mediation method in divorce cases in the Class 1A Religious Court of Watampone. Based on the results of the analysis of mediation in divorce cases in Watampone Class 1A Religious Courts, it shows that mediation has not been effective. The contributing factors are: The level of community participation that supports the mediation process is very low. Mediation facilities and facilities in the Class 1A Religious Court of Watampone are still inadequate in terms of mediation space and supporting facilities therein. In addition to the Chairperson of Class 1A Religious Court Watampone, the judge appointed to be a mediator had fully received mediation training conducted by the Supreme Court of the Republic of Indonesia. Placement of mediation in the Religious Courts is not right or not in accordance with what has been outlined by God Almighty.
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7

T, Tirtawening, and Rini Maryam. "THE URGENCY OF APPLYING DOMESTIC VIOLENCE SCREENING MECHANISM FOR DIVORCE MEDIATION IN RELIGIOUS COURT." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 30, no. 1 (February 15, 2018): 138. http://dx.doi.org/10.22146/jmh.28713.

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AbstractThe mediation process in divorce cases is vulnerable to power relation imbalances and domestic violence. Domestic Violence Screening is a set of questions delivered by the mediator to the parties in Religious Court to examine whether domestic violence happens in the marriage. Domestic Violence Screening in mediation is not well known in Indonesia however it has been vastly used in many countries such as USA and Australia. This research tried to explained the benefit of Domestic Violence Screening in divorce mediation in Religious Court and identify whether it can be applied in Indonesia. Screening allows for: a) identification of power relation imbalance and domestic violence; b) domestic violence recording; and c) provide referral services for domestic violence victims. IntisariMediasi perkara perceraian rentan mengalami ketimpangan relasi kuasa dan kekerasan dalam rumah tangga/KDRT. Skrining KDRT (screening domestic violence) merupakan sejumlah daftar pertanyaan yang diajukan oleh mediator kepada para pihak yang berperkara di pengadilan agama untuk memeriksa apakah telah terjadi kekerasan selama ikatan pernikahan. Meskipun skrining KDRT belum dikenal di Indonesia namun telah digunakan secara luas dalam mediasi di berbagai negara. Penelitian ini bertujuan untuk memberikan gambaran sejauh mana manfaat skrining KDRT pada saat mediasi perkara perceraian dan apakah skrining tersebut dapat diterapkan di Indonesia. Keberadaan skrining memudahkan untuk: (a) mengidentifikasi terjadinya ketimpangan relasi kuasa dan kekerasan domestik sebagai faktor penyebab perceraian, (b) melakukan pendataan kasus KDRT, dan (c) memberikan layanan rujukan kepada korban KDRT.
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8

Sunarto, Muhammad Zainuddin. "Mediasi dalam Perspektif Maqashid Syariah: Studi tentang Perceraian di Pengadilan Agama." AT-TURAS: Jurnal Studi Keislaman 6, no. 1 (August 19, 2019): 97–115. http://dx.doi.org/10.33650/at-turas.v6i1.573.

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in a marriage relationship, there will must be a conflict between husband and wife, this cannot be denied because each partner has a sectoral ego. The conflict can sometimes be resolved peacefully, but not the least that ends in divorce. The divorce process is arranged, must go through the trial process of the Religious Court with the specified procedural law. The proceedings for a lawsuit in the Religious Court must go through a mediation process between the two parties. Mediation is a way in the process of resolving disputes outside the trial in the presence of a third party tasked with reconciling the parties. Mediation is a mandate of the law to be carried out, so that the proceedings in court can be in accordance with the principle, which is fast, simple and inexpensive. The necessity of conducting mediation in a court, especially a religious court, is to reduce the number of divorces which is increasing in number over the years. Solving problems through mediation, is also a manifestation of maqashid al-shariah, namely hifdz al-nasl, because when there are problems in marriage, the marriage relationship will be damaged and problems will occur. Following up on the maqashid, in Indonesia there was a requirement to carry out mediation in the settlement of every case that went to court. The main objective is to minimize cases that must be decided, so that mediation can be resolved peacefully and safely. Keywords: Maqashid Al-Shariah, Mediation, Religious Court
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9

Rahmawati, Erik Sabti. "Implikasi Mediasi Bagi Para Pihak yang Berperkara di Pengadilan Agama Malang." Journal de Jure 8, no. 1 (June 25, 2016): 1. http://dx.doi.org/10.18860/j-fsh.v8i1.3725.

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<p style="text-align: justify;">The decline in family endurance in dealing with conflict, leading to increased divorce rate in Indonesia. Various attempts have been made to reduce the number of divorce, such as integrating mediation in the settlement process of the court. Nevertheless, the implementation of mediation has not been able to meet the expected target. This article aims to understand the procedure and the process of mediation conducted in the Religious Court of Malang Regency. Then, it describes the experiences and expectations of litigants. The study states that the implementation of mediation in the Religious Court of Malang regency has been conducted in accordance with the mechanism regulated by the the Regulation of the Supreme Court (PERMA) 1 in 2008, although in some instances has not run as precisely such provisions. Implementation of mediation in the Religious Court of Malang Regency provide benefits to the parties, although not much to revoke the lawsuit after mediation. But the parties then clearly understand the problems they face, avoiding revenge, divorce peacefully, and the parties feel more prepared for next trial.</p><p style="text-align: justify;">Menurunnya ketahanan keluarga menghadapi konflik menyebabkan meningkatnya angka perceraian di Indonesia. Berbagai upaya telah dilakukan untuk menekan angka perceraian, salah satunya mengintegrasikan mediasi dalam proses penyelesaian perkara di pengadilan. Meskipun demikian, pelaksanaan mediasi belum mampu memenuhi target yang diharapkan. Artikel ini bertujuan memahami prosedur dan proses mediasi yang dilakukan di Pengadilan Agama Kabupaten Malang. Kemudian mendeskripsikan pengalaman dan harapan para pihak yang berperkara agar mediasi. Pelaksanaan mediasi di Pengadilan Agama Kabupaten Malang telah dilakukan sesuai dengan mekanisme yang telah diatur dalam Peraturan Mahkamah Agung (PERMA) No.1 Tahun 2008, meskipun dalam beberapa hal belum berjalan sesuai ketentuan.Pelaksanaan mediasi di Pengadilan Agama Kabupaten Malang memberikan manfaat bagi para pihak meskipun tidak banyak yang kemudian mencabut gugatan. Misalnya, memahami dengan jelas permasalahan yang mereka hadapi, tidak ada dendam, bercerai dengan damai, dan para pihak merasa lebih siap untuk menghadapi sidang selanjutnya.</p>
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10

Supardi, Supardi, and Zahrotul Hanifiyah. "Penyebab Kegagalan Mediasi dalam Proses Perceraian (Studi Kasus di Pengadilan Agama Kudus periode Januari-April 2017)." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 8, no. 1 (April 8, 2018): 155. http://dx.doi.org/10.21043/yudisia.v8i1.3224.

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<p><em>Family problems are part of the dynamics of </em><em>marriage. </em><em>Problems</em><em> experienced by a married couple can be</em><em>, in a certain case, a </em><em>natural process for strengthening </em><em>the marital relationship, but </em><em>in other case, it canbe a trigger of household rift</em><em>,which lead</em><em>s to</em><em> a divorce. While married couples are experiencing many domestic problems leading to divorce, Islamic law and positive law in Indonesia </em><em>have recommend</em><em>ed the need for reconciliation between the two</em><em> disputing parties, </em><em>which is commonly called as the mediation process. This study aims to </em><em>investigate the </em><em>implementation of mediation</em><em> process of divorce </em><em>cases in the Religious Court of Kudus </em><em>Regency and explore what factors </em><em>have caused the failure of </em><em>the mediation</em><em> process in the divorce process</em><em>.</em></p>
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11

Syafei, Ermi Suhasti, and Siti Djazimah. "Mediation In Settlement of Joint Marital Property Disputes: Study At Tanjung Karang Religious Court, Lampung." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 2 (December 25, 2021): 867. http://dx.doi.org/10.22373/sjhk.v5i2.9039.

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In general, after a divorce, there are frequent disputes relating to joint marital property. The settlement of joint marital property disputes can be carried out through a mediation process applied through litigation (court) and non-litigation (outside court). The settlement of joint marital property disputes is one of the absolute jurisdictions of Religious Courts. The number of joint marital property cases successfully mediated in Religious Courts throughout Indonesia in 2018 was 6.2%, in 2019 was 5,5%. This paper describes the factors that cause unsuccessful mediation in settling disputes over joint marital properties at Tanjung Karang Religious Court, Lampung. This empirical study with qualitative analysis and a normative juridical approach interviews mediator judges, disputants, and advocates. The research results show that the implementation of the mediation process in settlements of joint marital property disputes at Tanjung Karang Religious Court in the last four years is 15.1%, which is in the low category. Factors that influence the unsuccessfulness of mediation in joint marital property disputes at Tanjung Karang Religious Court are the absence of the parties, the disputed object, and the intervention of third parties (family, friends, and lawyers).
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12

Hasan, Faradila, Nasruddin Yusuf, and Moh Muzwir R. Luntajo. "The Adjudication of Marriage Disputes through Mediation at the Manado Religious Court." INNOVATIO: Journal for Religious Innovation Studies 20, no. 2 (December 31, 2020): 97–110. http://dx.doi.org/10.30631/innovatio.v20i2.108.

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Abstract: The phenomenon of marital disputes that often end in divorce has been a serious concern of the government, resulting in a regulation on mediation, namely the Regulation of the Supreme Court of Republic of Indonesia (PERMA) Number 1 of 2016. This regulation was made with the hope of reducing the divorce rate caused by marriage disputes. This article discusses the form of marriage dispute resolution at Manado Religious Court with a focus on one type of dispute resolution, namely mediation. This study uses an empirical juridical approach. The research was conducted at the Manado City Religious Court in 2017 and 2020. The result is that the mediation process has been carried out in accordance with the provisions of PERMA No.1 of 2016. However, there have been many obstacles. Thus, the efforts to reduce the divorce rate due to marriage disputes have not undergone significant changes. Keywords: mediation; marriage dispute; Manado religious court. Abstrak: Fenomena sengketa perkawinan yang sering berakhir pada perceraian menjadi perhatian serius dari pemerintah sehingga melahirkan aturan tentang mediasi yaitu Peraturan Mahkamah Agung RI (PERMA) No. 1 Tahun 2016. Aturan ini dibuat dengan harapan menekan angka perceraian yang diakibatkan oleh sengketa perkawinan. Artikel ini membahas mengenai bentuk penyelesaian sengketa perkawinan di Pengadilan Agama Manado dengan fokus pada salah satu jenis penyelesaian sengketa yaitu mediasi. Penelitian ini menggunakan pendekatan yuridis empiris. Penelitian ini dilakukan di Pengadilan Agama Kota Manado pada tahun 2017 dan tahun 2020. Hasilnya adalah proses mediasi sudah dilakukan sesuai dengan ketentuan PERMA No.1 Tahun 2016. Namun mengalami benyak kendala sehingga upaya untuk menekan angka perceraian akibat sengketa perkawinan belum mengalami perubahan yang signifikan. Kata-kata kunci: mediasi; sengketa perkawinan; pengadilan agama Manado.
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Andisa, Andi Batari. "The Use of Modalities in Indonesian Divorce Mediation Discourse." ELS Journal on Interdisciplinary Studies in Humanities 1, no. 2 (June 26, 2018): 126–33. http://dx.doi.org/10.34050/els-jish.v1i2.4305.

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Language is more than just a tool of communication. Beyond, it is a window to see how people organize their understanding and expression of conflict, including in a divorce. Divorce mediation then can be an alternative for dispute resolution process. The speakers’ (spouses and mediator) judgment and attitude towards the topic discussed in divorce mediation are implied in language they use in making statement, response or feedback related to the problems. It deals with one of linguistic features known as Modality. This research therefore, aims to identify the modalities used by Indonesian speakers in divorce mediations and to explain their attitude toward the problems discussed in divorce mediations and toward interlocutors. The research was conducted using Halliday’s theory of Modality. The result of this research shows kinds of modalities used by Indonesian speakers in divorce mediations discourse; specifically in the type, orientation, and the value of modality. The mediator mostly used probabilities and the wife mostly used inclinations. Besides, the mediator and husband mostly used low value modalities. Furthermore, in Indonesian divorce mediation discourse, the mediator, husband, and wife mostly used subjective-implicit. The topic discussed in Indonesian divorce mediation is about reuniting the husband and wife who planned to have a divorce.
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Pakendek, Adriana, and Anni Puji Astutik. "The Model of Implementation 0f Property Distribution After Divorce of Local Wisdom Perspective in Madura." JOURNAL OF SOCIAL SCIENCE RESEARCH 16 (October 19, 2020): 84–92. http://dx.doi.org/10.24297/jssr.v16i.8882.

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This study's purpose is to reveal and determine the implementation model of the distribution of marital property after divorce from the perspective of Madurese local wisdom. This research uses the empirical juridical method; according to Ronny Hanitijo Soemitro, a law that is empirically a symptom of society, on the other hand, can be studied as a variable (independent variable) which causes consequences on various aspects of social life. In social studies, the law is not conceptualized as an independent (autonomous) normative phenomenon, but as social institutions which are associated in real terms with other social variables. The results of this study are: a model for the implementation of post-divorce marital property distribution in the perspective of Madurese local wisdom, with the wisdom of distributing marital assets after divorce by distributing them into several models or forms as follows: (1) following the distribution model according to the positive legal arrangement of Indonesia, namely what is regulated in state law and is decided by the Religious Court, that the distribution of marital assets, namely widows or divorced widowers, each has the right to a half of the marital assets as long as it is not stipulated otherwise in other agreements in marriage. Meanwhile, based on the Article 37 of Law Number 1 the Year 1974 concerning the marriage, if the marriage breaks up due to divorce, marital assets is regulated according to their respective laws. Meanwhile, according to the Civil Code (KUH Perdita), Article 128, after the dissolution of marital assets, their marital assets are divided between husband and wife, or between their heirs, without question of which party the goods originated from. (2) the post-divorce model of the distribution of marital assets in the perspective of Madurese local wisdom is based on the wisdom of each individual soul or soul of a divorced husband and wife. The wisdom of each of these minds or souls is partly rooted in the Madurese community, which in this paper is called wisdom. As part of local wisdom in Madura, the distribution of marital assets is carried out by means of mediation (abeq remember) attended by community leaders.
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Ali, Moh. "URGENSI INTEGRASI DAN IMPLEMENTASI MASLAHAH DALAM PROSES MEDIASI." Al'adalah 22, no. 1 (January 4, 2021): 13–27. http://dx.doi.org/10.35719/aladalah.v22i1.7.

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Mediation in the judiciary in Indonesia is still new, cases that are in court must be handled professionally, such family case. This has claimed many victims, both material and life. This study is the orientation of mediation rules and its implications for the settlement of civil cases in the Religious Courts. There are three important aspects that will be discuss in this research, these are: Juridicalphilosophical foundation for integrating mediation in the proceedings at the Religious Courts, The implimentation of mediation in the Religious Courts, maslahah analysis on the integration of mediation in the proceedings at the Religious Courts. This research is socio-legal qualitative research, because it is closely related to the study of the texts in the legislation; by using a state approach and focusing on legal norms and the hierarchy of the rules. The result of this research reveals that; (1) The juridical-philosophical foundation integrated with mediation in the proceedings at the Religious Courts, which is based on PERMA No. 1 of 2008, the mediator of the Religious Court then integrates into facilitative mediation and transformative mediation model. (2) Mediation conducted by the Religious Courts does not only discuss about problems that occur, but also discuss the root of the problem and making a solutions that cannot only be completed in the trial, and also bring benefits to the disputing parties. (3) In general, the integration of mediation in proceedings process in the Religious Court is in Maslahah's perspective, with the existence of Maslahah, by utilizing Al-Maslahah Al- Mu'tabarah, such as; by hastening the implementation of divorce (wife), as a form of state protection to prevent the emergence of suffering and the madharat of both parties. Protection of the soul, to avoid the tyranny of others. Become a catalyst so that the parties become easy to live and protracted problems to realize the path of peace. Protection of human dignity, by making a decision to cancel the marriage for the Plaintiff who as given a false identity.
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Syarifudin, Muhammad Amin, Herwastoeti Herwastoeti, and Dwi Ratna Indri Hapsari. "The Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court." Indonesia Law Reform Journal 2, no. 3 (December 7, 2022): 352–66. http://dx.doi.org/10.22219/ilrej.v2i3.23339.

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The reason for the occurrence of divorce at the Jombang Religious Court is due to several factors, but in how many years the pandemic has increased other factors such as a moral crisis, no responsibility, persecution, biological defects, economic problems, and other factors, jealousy, forced marriage, and no household harmony and underage marriage, divorce is a legal way to deal with marital conflicts under the umbrella of Indonesian law and formalized Islamic law, it is hoped that mediation will be the mediating point of all kinds of divorce issues, Mediation is a process of judicial proceedings regulated in PERMA No. 1 of 2016 concerning mediation procedures in court. the implementation of mediation at the Jombang Religious Court has been carried out according to the procedure, but in the last 4 years the Jombang Religious Court has experienced an increase in cases and the number that cannot be mediated is quite a lot due to the absence of the parties even though they have been summoned more than twice but the parties still choose not present so that the case continues and cannot be mediated, while cases that can be mediated are influenced by the peaceful intentions of both parties so that the mediation can be carried out or those who are being mediated choose to come because they demand their rights as in the case of divorce talk is alimony arising from divorce, so the authors found the ineffectiveness of mediation in its implementation which was unsuccessful due to several obstacles in its implementation, namely the strong desire between parties, ignorance of the importance of mediation by the community, the role of advocates. The author also provides a solution to the obstacles to the ineffectiveness of mediation by maximizing the panel of judges, mediation training, the role of the mediator, the role of the government, and evaluating the performance of the mediator.
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17

Bajuri, Azzuhri Al. "REKONSTRUKSI PROSES MEDIASI KELUARGA INDONESIA." Hukum Islam 20, no. 1 (July 27, 2020): 139. http://dx.doi.org/10.24014/jhi.v20i1.9544.

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Abstract : The gap between the expectations of the application of the PERMA Mediation Procedure in the Court with the increasing number of mediation failures especially in the case of families in Indonesia. This research is a qualitative research using library research method with normative-juridical empirical approach with system theory proposed by Jasser Audah. The results of this study suggest that the reconstruction of the Indonesian family mediation process by establishing new rules is an urgent need to reduce the number of divorces in Indonesia.Abstrak : Kesenjangan antara harapan penerapan PERMA Prosedur Mediasi di Pengadilan dengan jumlah kegagalan mediasi yang semakin meningkat terlebih dalam perkara keluarga di Indonesia. Penelitian ini merupakan penelitian kualitatif dengan metode penelitian pustaka dengan pendekatan normatif-yuridis empiris dengan teori sistem yang dikemukakan oleh Jasser Audah. Hasil dari penelitian ini mengemukakan bahwa rekonstruksi proses mediasi keluarga Indoesia dengan membentuk aturan baru adalah kebutuhan yang sangat mendesak untuk menekan jumlah perceraian di Indonesia.
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Kasim, Nur Mohamad, and Trubus Semiaji. "Divorce Cases in Members of Indonesian Police Force: A Positive Law Perspective." Jurnal Ilmiah Al-Syir'ah 20, no. 1 (June 30, 2022): 91. http://dx.doi.org/10.30984/jis.v20i1.1793.

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This research aims to analyse the factors of divorce in members of a police force, the impacts, and alternatives offered by the court judge to overcome divorce problems from a positive law perspective, the juridical-sociological method. The study took place in the coverage area of Court in Gorontalo, Suwawa, and Limboto. Further, the present work applied a case approach and statute approach. The data from primary and secondary sources were collected from the literature study and field research. The results showed that the factors of divorce comprise: prolonged quarrelling, cheating, economic problems, and domestic violence. The divorce cases lead to several problems that impact the married couple, their children, and their shared wealth. Referring to the Islamic Law perspective, the court Judge provides several alternatives to optimise mediation as dispute settlement before divorce as a last resort. Moreover, the Judge provides post-divorce alternatives to ensure that the ex-husband gives the iddah and mut'ah allowances to his ex-wife and that the ex-husband still supports the children's development.Â
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Bahrun, Bahrun, Syahrizal Abbas, and Iman Jauhari. "Peranan Hakim Mediator Dalam Penyelesaian Sengketa Harta Bersama Pasca Perceraian di Mahkamah Syar’iyah." Syiah Kuala Law Journal 2, no. 3 (November 30, 2018): 371–87. http://dx.doi.org/10.24815/sklj.v2i3.11718.

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Pasal 4 ayat (1) dan (2) Perma Nomor 1 Tahun 2016 menyatakan bahwa wajib terlebih dahulu diupayakan penyelesaian melalui mediasi, begitu pula Pasal 17 ayat (1) Hakim Pemeriksa Perkara mewajibkan Para Pihak menempuh Mediasi. Karena Mediasi diharapkan menjadi wadah pilihan untuk memperoleh solusi yang didasarkan pada kepentingan dan kebutuhan pihak. Penelitian ini bertujuan untuk mengetahui dan menjelaskan peranan dan hambatan hakim mediator serta untuk mengetahui upaya yang dilakukan untuk mencegah dan mengatasi terjadinya hambatan tersebut. Jenis penelitian dengan pendekatan yuridis empiris. Teknik pengumpulan data melalui penelitian kepustakaan untuk data sekunder dan penelitian untuk memperoleh data primer. Analisis data yang digunakan adalah kualitatif. Berdasarkan penelitian diketahui peranan hakim mediator dalam menangani perkara/sengketa sudah berjalan, namun belum optimal. Terbukti dari 18 (delapan belas) kasus, jumlah kasus yang selesai melalui mediasi hanya 2 (dua) kasus, sedangkan tahun 2016 sampai 2017 belum ada kasus yang selesai melalui mediasi. Hal tersebut disebabkan jumlah mediator yang terbatas dan kurang memiliki kapastitas sumber daya yang memadai. Upaya untuk mencegahnya berupa sosialisasi manfaat mediasi dan mengikuti pelatihan mediasi serta mediasi harus dilakukan secara profesional. Ketua Mahkamah Syar’iyah Banda Aceh hendaknya melakukan sosialisasi manfaat Mediasi, dan Mahkamah Agung RI hendaknya mengevaluasi praktik mediasi dan menambah jumlah hakim.Article 4 paragraph (1) and (2) Supreme Court Regulation Number 1 of 2016 states that it must first be pursued a settlement through mediation, as well as Article 17 paragraph (1) of the Judicial Examining Judge requiring the Parties to take Mediation. Because Mediation is expected to be a container of choice to obtain solutions that are based on the interests and needs of the parties. This research aims to know and explain the roles of mediator judges and obstacles faced by the judgesin settling the dispute of marital propertiesafter the divorce at Mahkamah Syar’iyah of Banda Aceh. This research also aims to know the efforts done to prevent and handlethe hurdles in settling the disputes post-divorce at Mahkamah Syar’iyah of Banda Aceh. This is juridical empirical research. The data are collectedthrough library research in order to obtain secondary data and field research is conducted in order to obtain primary data.This research applies qualitative analysis. Based on the research, it is known that the role of mediator judges in handling cases / disputes is already underway, but not optimal. It is evident from 18 cases, the number of cases completed through mediation is only 2 cases, whereas in 2016 until 2017 there have been no cases completed through mediation. This is due to the limited number of mediators and lack of adequate resource capacity. Efforts to prevent it in the form of socializing the benefits of mediation and participating in mediation and mediation training must be carried out professionally. The Chairperson of the Banda Aceh Syar'iyah Court should disseminate the benefits of Mediation, and the Indonesian Supreme Court should evaluate the practice of mediation and increase the number of judges.
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Tanzilulloh, M. Ilham. "STATUS HAKAM DALAM SISTEM PERADILAN AGAMA DI INDONESIA." Kodifikasia 14, no. 1 (June 26, 2020): 109. http://dx.doi.org/10.21154/kodifikasia.v14i1.2022.

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Dalam sebuah tatanan kehidupan dinamika tentang perselisihan selalu ada dan tidak akan pernah padam. Dimana perselisihan itu terkadang membuat sebagian orang terjerumus dalam hal-hal yang negatif misalnya pembunuhan dan lain sebagainya. Manfaat al-Qur’an diturunkan adalah untuk memperbaiki kualitas hidup umat muslim termasuk juga mendamaikan bagi orang yang berselisih. Salah satu ayat menjelaskan bahwa jika ada pasangan suami dan istri yang bertengkar secara terus menerus (shiqa<q) maka harus diangkat juru damai (hakam). Begitu pula dijelaskan dalam Undang – undang bahwa hakim dapat mengangkat hakam dalam perkara perceraian. Namun kenyataannya dalam lingkup Pengadilan Agama seringkali tidak memakai hakam dikarenakan sudah ada mediator. Dengan menggunakan analisis descriptive comparative, penelitian ini membahas tentang keberadaan hakam dalam Pengadilan Agama di Indonesia. Hasilnya adalah hakam masih tetap dipakai dengan catatan sepanjang ijtihad hakim menyatakan bahwa perkara perceraian termasuk dalam kategori shiqa<q. Begitu pula sebaliknya, jika dinyatakan belum masuk maka pengangkatan hakam tidak diperlukan. [In the dynamic of life the conflict and tension will always exist and it likelihood will never disappear. Whereas the conflict sometimes make some people fall into the negative things such as murder and so forth. The benefits of al-Qur'an revealed is to improve the quality of Muslim’s life, including reconciling those who are in conflict. One of the verses explains that if there are husband and wife who quarrel continuously (shiqa<q) then a peacemaker (hakam) should be appointed. It is also explained in the law that judges can appoint hakam in the divorce cases. But in reality within the scope of the Religious Courts often do not use hakam because there are already judge mediators. By using a descriptive comparative analysis, this study discusses the existence of hakam in the Religious Courts in Indonesia. The result is that hakam is still used as long as the judge's ijtihad states that the divorce case is included in the category of shiqa<q. And vice versa, if it is not the category of shiqa<q, then the appointment of hakam is not needed.]
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Huzaimah, Arne. "MENELAAH PELAKSANAAN PENGANGKATAN HAKAM PADA PERKARA SYIQAQ DI PENGADILAN AGAMA INDONESIA DAN MAHKAMAH SYAR’IYAH MALAYSIA." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 19, no. 1 (June 28, 2019): 15–26. http://dx.doi.org/10.19109/nurani.v19i1.1940.

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Syiqaq is a constant dispute and quarrel between husband and wife. To overcome the problem of syiqaq, then Allah SWT has arranged it directly in the Qur'an, the letter an-Nisa (4) verse 35, namely by adopting the hakam that comes from the family of each party to reconcile the two husband and wife. The implementation of the appointment of the rights applied in the procedural law of the religious court in Indonesia is not imperative, it all depends on the judge's judgment. Hakam in the Indonesian Religious Court only functions to reconcile the two parties (husband and wife) who are at loggerheads and not the authority to decide. So Hakam only serves as a mediator not an arbitrator. At the Malaysian Syar'iyyah Court, Hakam must obtain full authority from his principal. Husband may give full authority to the husband Hakam to pronounce divorce to his wife before the Court, and the wife can give full power to his wife Hakam to do khuluk or accept Lafaztalak before the Court. keywords: Hakam, Pengadilan Agama, Mahkamah Syar’iyyah
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Yamani, Gasim, Nazil Fahmi, and Muhammad Akbar. "Divorce Mediation at Religious Courts in Pasangkayu during the Covid-19 Pandemic: Socio-Juridical Analysis." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 4, no. 1 (June 30, 2022). http://dx.doi.org/10.24239/ijcils.vol4.iss1.37.

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This article describes the application of divorce mediation and explains the factors that influence mediation practices during the Covid-19 pandemic at the Religious Courts in Pasangkayu. As part of the alternative settlement of disputed cases, mediation has changed its implementation, including in the practice of law in religious courts. This study uses a socio-juridical approach to examine qualitative data obtained from field research through observation, in-depth interviews, and documentation. This study presents three conclusions. First, divorce mediation includes pre-mediation, which is carried out privately, and its implementation is based on the situation. Second, several enabling and inhibiting factors influence the practice of meditation. Third, from a socio-juridical perspective, mediation is a construction guided by the principle of agreement carried out through deliberation and consultation regarding disputes. In addition to adhering to a positive legal system, mediation in religious courts in Indonesia attaches to the Regulation of the Minister of Religious Affairs Number 1 of 2006 and the process of judging (tahkim) procedure in Islamic law. The influence of local customs and culture on the implementation of mediation in religious courts is not by the objectives of Islamic law and positive law, which is oriented toward the peaceful settlement of disputes and good faith.
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Nurdin, Nurdin. "Editorial Preface." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, no. 1 (August 1, 2020). http://dx.doi.org/10.24239/ijcils.vol2.iss1.10.

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International Journal of Contemporary Islamic law and Society volume 2 issue 1 offers six articles covering topics of Islamic law studies. Various issues relating to Islamic family law are interestingly presented to contribute to the body of knowledge and practices. Academia and practitioners in Islamic law studies may gain insight from reading these articles. The first article is titled “The Role of Husband and Wife in Child Care From Islamic Law Perspectives” written by Minhar Minhar, Zainal Abidin, and Hilal Malarangan from Postgraduate studies Institut Agama Islam Negeri Palu. This paper discusses the role of husband and wife in child care from Islamic perspective. The second article is titled “Effectiveness of Marriage Services Through Information System Management (SIMKAH) at Palu City Religious Court” written by Imam Muslih, Nurdin Nurdin, and Marzuki Marzuki. The paper discusses the effectiveness of marriage services through Marriage Management Information System (SIMKAH) at Palu city religious court. The third article is titled “Analysis of the Case of Divorce and Its Settlement in the Religious Court of Palu City” written by Rinalti Rinalti, Syahabuddin Syahabuddin, and Ermawati Ermawati. This paper discusses the cases of divorce and its settlement in the Religious Court of Palu. The fourth paper is tittled “ Analysis the Fulfilment of Physical and Psychological Needs of Convicted Criminal From An Islamic Law Perspective” written by Syaifuddin Syaifuddin, Muhammad Akbar, and Mummad Syarif Hasyim. The paper discusses the implementation of conditional leave (CL) in fulfilling prisoners' physical and psychological need of prisoners from Islamic law perspectives. The fifth article is titled “ The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes” written by Sukaenah Sukaenah, Rusli Rusli, M. Taufan B. This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation marital disputes in the Religious Court. The last paper is title “ The Effectiveness of the Implementation of the Principle of Simple Court Procedures, Fast and Low Cost in a Case of Divorce Lawsuit” written by Muhammad Haekal, Abidin Abidin, and Siti Musyahidah. The purpose of the study is to investigate the effectiveness of the implementation of simple, fast and low-cost religious court procedures in the divorce case at the Religious Court, Palu. I hope the articles presented in this issue add further empirical evidence to the growing body of research that examines various fields from Islam perspectives. The articles could trigger other research to study other field of study with Islam perspectives Islamic institutions in Indonesia. Nurdin Nurdin Editor-in-Chief IJCILS: International Journal of Islamic Contemporary law and Society Volume II, Issue 1
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Holloway, Donell Joy, Lelia Green, and Kylie Stevenson. "Digitods: Toddlers, Touch Screens and Australian Family Life." M/C Journal 18, no. 5 (August 20, 2015). http://dx.doi.org/10.5204/mcj.1024.

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Introduction Children are beginning to use digital technologies at younger and younger ages. The emerging trend of very young children (babies, toddlers and pre-schoolers) using Internet connected devices, especially touch screen tablets and smartphones, has elicited polarising opinions from early childhood experts. At present there is little actual research about the risks or benefits of tablet and smartphone use by very young children. Current usage recommendations, based on research into passive television watching which claims that screen time is detrimental, is in conflict with advice from education experts and app developers who commend interactive screen time as engaging and educational. Guidelines from the health professions typically advise strict time limits on very young children’s screen-time. Based for the most part on policy developed by the American Academy of Paediatrics, it is usually recommended that children under two have no screen time at all (Brown), and children over this age have no more than two hours a day (Strasburger, et al.). On the other hand, early childhood education guidelines promote the development of digital literacy skills (Department of Education). Further, education-based research indicates that access to computers and the Internet in the preschool years is associated with overall educational achievement (Bittman et al.; Cavanaugh et al; Judge et al; Neumann). The US based National Association for Education of Young Children’s position statement on technology for zero to eight year-olds declares that “when used intentionally and appropriately, technology and interactive media are effective tools to support learning and development” (NAEYC). This article discusses the notion of Digitods—a name for those children born since the introduction of the iPhone in 2007 who have ready access to touchscreen technologies since birth. It reports on the limited availability of evidence-based research about these children’s ICT use concluding that current research and recommendations are not grounded in the everyday life of very young children and their families. The article then reports on the beginnings of a research project funded by the Australian Research Council entitled Toddlers and Tablets: exploring the risks and benefits 0-5s face online. This research project recognises that at this stage it is parents who “are the real experts in their toddlers’ use of screen technologies. Accordingly, the project’s methodological approach draws on parents, pre-schoolers and their families as communities of practice in the construction of social meaning around toddlers’ use of touch screen technology. Digitods In 2000 Bill Gates introduced the notion of Generation I to describe the first cohort of children raised with the Internet as a reality in their lives. They are those born after the 1990s and will, in most cases; have no memory of life without the Net. [...] Generation I will be able to conceive of the Internet’s possibilities far more profoundly than we can today. This new generation will become agents of change as the limits of the Internet expand to include educational, scientific, and business applications that we cannot even imagine. (Gates)Digitods, on the other hand, is a term that has been used in education literature (Leathers et al.) to describe those children born after the introduction of the iPhone in 2007. These children often begin their lives with ready access to the Internet via easily usable touch screen devices, which could have been designed with toddlers’ touch and swipe movements in mind. Not only are they the youngest group of children to actively engage with the Internet they are the first group to grow up with a range of mobile Internet devices (Leathers et al.). The difference between Digitods and Gates’s Generation I is that Digitods are the first pre-verbal, non-ambulant infants to have ready access to digital technologies. Somewhere around the age of 10 months to fourteen months a baby learns to point with his or her forefinger. At this stage the child is ready to swipe and tap a touch screen (Leathers et al.). This is in contrast to laptops and PCs given that very young children often need assistance to use a mouse or keyboard. The mobility of touch screen devices allows very young children to play at the kitchen table, in the bedroom or on a car trip. These mobile devices have, of course, a myriad of mobile apps to go with them. These apps create an immediacy of access for infants and pre-schoolers who do not need to open a web browser to find their favourite sites. In the lives of these children it seems that it has always been possible to touch and swipe their way into games, books and creative and communicative experiences (Holloway et al. 149). The interactivity of most pre-school apps, as opposed to more passive screen activities such as watching television shows or videos (both offline or online), requires toddlers and pre-schoolers to pay careful attention, think about things and act purposefully (Leathers et al.). It is this interactivity which is the main point of difference, one which holds the potential to engage and educate our youngest children. It should be noted within this discussion about Digitods that, while the trope Digital Natives tends to homogenise an entire generation, the authors do not assume that all children born today are Digitods by default. Many children do not have the same privileged opportunities as others, or the (parental) cultural capital, to enable access, ease of use and digital skill development. In addition to this it is not implied that Digitods will be more tech savvy than their older siblings. The term is used more to describe and distinguish those children who have digital access almost since birth—in order to differentiate or tease out everyday family practices around these children’s ICT use and the possible risks and benefits this access affords babies, toddlers and pre-schoolers. While the term Digital Native has also been criticised as being a white middle class phenomenon this is not necessarily the case with Digitods. In the Southeast Asia and the Pacific region developed countries like Japan, Korea, New Zealand and Singapore have extremely high rates of touchscreen use by very young children (Child Sciences; Jie; Goh; Unantenne). Other countries such as the Philippines and Indonesia have moved to a high smart phone usage by very young children while at the same time have only nascent ICT access and instruction within their education systems (Unantenne). The Digitod Parent Parents of Digitods are usually experienced Internet users themselves, and many are comfortable with their children using these child-friendly touch screen devices (Findahl). Digital technologies are integral to their everyday lives, often making daily life easier and improving communication with family and friends, even during the high pressure parenting years of raising toddlers and pre-schoolers. Even though many parents and caregivers are enabling very young children’s use of touch screen technologies, they are also concerned about the changes they are making. This is because very young children’s use of touch screen devices “has become another area where they fear possible criticism and in which their parental practices risk negative evaluation by others” (Holloway et al). The tensions between expert advice regarding young children’s screen-time and parents’ and caregivers’ own judgments are also being played out online. Parenting blogs, online magazines and discussion groups are all joining in the debate: On the one hand, parents want their children to swim expertly in the digital stream that they will have to navigate all their lives; on the other hand, they fear that too much digital media, too early, will sink them. Parents end up treating tablets like precision surgical instruments, gadgets that might perform miracles for their child’s IQ and help him win some nifty robotics competition—but only if they are used just so. (Rosin)Thus, with over 80 000 children’s apps marketed as educational in the Apple App Store alone, parents can find it difficult to choose apps that are worth purchasing (Yelland). Nonetheless, recent research regarding Australian children shows that three to five year olds who access touch screen devices will typically have five or more specific apps to choose from (5.23 on average) (Neumann). With little credible evidence or considered debate, parents have been left to make their own choices about the pros and cons of their young children’s access to touch screens. Nonetheless, one immediate benefit that comes to mind is toddlers and pre-schoolers video chatting with dispersed family member—due to increased globalisation, guest worker arrangements, FIFO (fly-in fly-out) workforces and family separation or divorce. Such clear benefits around sociability and youngsters’ connection with significant others make previous screen-related guidelines out of date and no longer contextually relevant. Little Research Attention Family ownership of tablet devices as well as touch screen phones has risen dramatically in the last five years. With very young children being loaned these technologies by mum or dad, and a tendency in Australia to rely on market-orientated research regarding ownership and usage, there is very little knowledge about touch screen usage rates for very young Australian children. UK and US usage figures indicate that over the last few years there has been a five-fold increase in tablet uptake by zero to eight year olds (Ofcom; Rideout). Although large scale, comparative Australian data is not available, previous research regarding older children indicates that Australia is similar to high use countries like some Scandinavian nations and the UK (Green et al.). In addition to this, two small research projects in Australia, with under 160 participant families each, indicate that two thirds of these children (0-5) use touchscreen devices (Neumann; Coenenna et. al.). Beyond usage figures, there is also very limited evidence-based research about very young children’s app use. Interactive technologies available via touch screen technologies have been available domestically for a very short time. Consequently, “valid scientific research has not been completed and replicated due to [the lack of] available time” (Leathers el al. 129) and longitudinal studies which rely on an intervention group (in this case exposure to children’s apps) and a control group (no exposure) are even fewer and more time-consuming. Interestingly, researchers have revisited the issue of passive screen viewing. A recent 2015 review of previous 2007 research, which linked babies watching videos with poor language development, has found that there was statistical and methodological issues with the 2007 study and that there are no strong inferences to be drawn between media exposure and language development (Ferguson and Donellan). Thus, there seems to be no conclusive evidence-based research on which to inform parents and educators about the possible downside or benefits of touch screen use. Nonetheless, early childhood experts have been quick to weigh in on the possible effects of screen usage, some providing restrictive guidelines and recommendations, with others advocating the use of interactive apps for very young children for their educational value. This knowledge-gap disguises what is actually happening in the lives of real Australian families. Due to the lack of local data, as well as worldwide research, it is essential that Australian researchers obtain a comprehensive understanding about actual behaviour around touch screen use in the lives of children aged between zero and five and their families. Beginning Research While research into very young children’s touch screen use is beginning to take place, few results have been published. When researching two to three year olds’ learning from interactive versus non-interactive videos Kirkorian, Choi and Pempek found that “toddlers may learn more from interactive media than from non-interactive video” (Kirkorian et al). This means that the use of interactive apps on touch screen devices may hold a greater potential for learning than passive video or television viewing for children in this age range. Another study considered the degree to which the young children could navigate to and use apps on touch screen devices by observing and analysing YouTube videos of infants and young children using touch screens (Hourcade et al.). It was found that between the ages of 12 months and 17 months the children filmed seemed to begin to “make meaningful use of the tablets [and] more than 90 per cent of children aged two [had] reached this level of ability” (1923). The kind of research mentioned above, usually the preserve of psychologists, paediatricians and some educators, does not, however, ground very young children’s use in their domestic context—in the spaces and with those people with whom most touch screen usage takes place. With funding from the Australian Research Council Australian, Irish and UK researchers are about to adopt a media studies (domestication) approach to comprehensively investigate digital media use in the everyday lives of very young children. This Australian-based research project positions very young children’s touch screen use within the family and will help provide an understanding of the everyday knowledge and strategies that this cohort of technology users (very young children and their parents) have already developed—in the knowledge vacuum left by the swift appropriation and incorporation of these new media technologies into the lives of families with very young children. Whilst using a conventional social constructionist perspective, the project will also adopt a co-creation of knowledge approach. The co-creation of knowledge approach (Fong) has links with the communities of practice literature (Wegner) and recognises that parents, care-givers and the children themselves are the current experts in this field in terms of the everyday uses of these technologies by very young children. Families’ everyday discourse and practices regarding their children’s touch screen use do not necessarily work through obvious power hierarchies (via expert opinions), but rather through a process of meaning making where they shape their own understandings and attitudes through experience and shared talk within their own everyday family communities of practice. This Toddlers and Tablets research is innovative in many ways. It seeks to capture the enthusiasm of young children’s digital interactions and to pioneer new ways of ‘beginnings’ researching with very young children, as well as with their parents. The researchers will work with parents and children in their broad domestic contexts (including in and out-of-home activities, and grandparental and wider-family involvement) to co-create knowledge about young children’s digital technologies and the social contexts in which these technologies are used. Aspects of these interactions, such as interviews and observations of everyday digital interactions will be recorded (audio and video respectively). In addition to this, data collected from media commentary, policy debates, research publications and learned articles from other disciplinary traditions will be interrogated to see if there are correlations, contrasts, trends or synergies between parents’ construction of meaning, public commentary and current research. Critical discourse tools and methods (Chouliaraki and Fairclough) will be used to analyse verbatim transcripts, video, and all written materials. Conclusion Very young children are uniquely dependent upon others for the basic necessities of life and for the tools they need, and will need to develop, to claim their place in the world. Given the ubiquitous role played by digital media in the lives of their parents and other caregivers it would be a distortion of everyday life for children to be excluded from the technologies that are routinely used to connect with other people and with information. In the same way that adults use digital media to renew and strengthen social and emotional bonds across distance, so young children delight in ‘Facetime’ and other technologies that connect them audio-visually with friends and family members who are not physically co-present. Similarly, a very short time spent in the company of toddlers using touch screens is sufficient to demonstrate the sheer delight that these young infants have in developing their sense of agency and autonomy (https://www.youtube.com/watch?v=aXV-yaFmQNk). Media, communications and cultural studies are beginning to claim a space for evidence based policy drawn from everyday activities in real life contexts. Research into the beginnings of digital life, with families who are beginning to find a way to introduce these technologies to the youngest generation, integrating them within social and emotional repertoires, may prove to be the start of new understandings into the communication skills of the preverbal and preliterate young people whose technology preferences will drive future development – with their parents likely trying to keep pace. Acknowledgment This research is supported under Australia Research Council’s Discovery Projects funding scheme (project number DP150104734). References Bittman, Michael, et al. "Digital Natives? New and Old Media and Children's Outcomes." Australian Journal of Education 55.2 (2011): 161-75. Brown, Ari. "Media Use by Children Younger than 2 Years." Pediatrics 128.5 (2011): 1040-45. Burr, Vivien. Social Constructionism. 2nd ed. London: Routledge, 2003. Cavanaugh, Cathy, et al. "The Effects of Distance Education on K–12 Student Outcomes: A Meta-Analysis." Naperville, Ill.: Learning Point Associates, 2004. 5 Mar. 2009 ‹http://www.ncrel.org/tech/distance/index.html›. Child Sciences and Parenting Research Office. Survey of Media Use by Children and Parents (Summary). Tokyo: Benesse Educational Research and Development Institute, 2014. Coenena, Pieter, Erin Howiea, Amity Campbella, and Leon Strakera. Mobile Touch Screen Device Use among Young Australian Children–First Results from a National Survey. Proceedings 19th Triennial Congress of the IEA. 2015. Chouliaraki, Lilie and Norman Fairclough. Discourse in Late Modernity: Rethinking Critical Discourse Analysis. Edinburgh: Edinburgh UP, 1999. Department of Education. "Belonging, Being and Becoming: The Early Years Learning Framework for Australia." Australian Government, 2009. Ferguson, Christopher J., and M. Brent Donnellan. "Is the Association between Children’s Baby Video Viewing and Poor Language Development Robust? A Reanalysis of Zimmerman, Christakis, and Meltzoff (2007)." Developmental Psychology 50.1 (2014): 129. Findahl, Olle. Swedes and the Internet 2013. Stockholm: The Internet Infrastructure Foundation, 2013. Fong, Patrick S.W. "Co-Creation of Knowledge by Multidisciplinary Project Teams." Management of Knowledge in Project Environments. Eds. E. Love, P. Fong, and Z. Irani. Burlington, MA: Elsevier, 2005. 41-56. Gates, Bill. "Enter 'Generation I': The Responsibility to Provide Access for All to the Most Incredible Learning Tool Ever Created." Instructor 109.6 (2000): 98. Goh, Wendy W.L., Susanna Bay, and Vivian Hsueh-Hua Chen. "Young School Children’s Use of Digital Devices and Parental Rules." Telematics and Informatics 32.4 (2015): 787-95. Green, Lelia, et al. "Risks and Safety for Australian Children on the Internet: Full Findings from the AU Kids Online Survey of 9-16 Year Olds and Their Parents." Cultural Science Journal 4.1 (2011): 1-73. Holloway, Donell, Lelia Green, and Carlie Love. "'It's All about the Apps': Parental Mediation of Pre-Schoolers' Digital Lives." Media International Australia 153 (2014): 148-56. Hourcade, Juan Pablo, Sarah Mascher, David Wu, and Luiza Pantoja. Look, My Baby Is Using an iPad! An Analysis of YouTube Videos of Infants and Toddlers Using Tablets. Proceedings of the 33rd Annual ACM Conference on Human Factors in Computing Systems. ACM, 2015. Jie S.H. "ICT Use Statistics of Households and Individuals in Korea." 10th World Telecommunication/ICT Indicators Meeting (WTIM-12). Korea Internet & Security Agency (KISA), 25-7 Sep. 2012.Judge, Sharon, Kathleen Puckett, and Sherry Mee Bell. "Closing the Digital Divide: Update from the Early Childhood Longitudinal Study." 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