Journal articles on the topic 'Divorce mediation Religious aspects'
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1
Sari, Mega Novita, Yusri Yusri, and Indah Sukmawati. "Faktor Penyebab Perceraian dan Implikasinya dalam Pelayanan Bimbingan dan Konseling." Jurnal Konseling dan Pendidikan 3, no. 1 (March 2, 2015): 16. http://dx.doi.org/10.29210/112200.
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Marriage is the desire of most human beings in the world. Two different beings and different backgrounds united by God to be complementary. Marriage aims to foster harmonious family, happy based belief in one God. But reality shows that not all who have made a marriage is always followed by a harmony in their relationships, even some who ultimately failed in his marriage. Marriage should be maintained integrity no longer considered causing disharmony in the household that cause conflict in the family that can result in divorce in the family. The purpose of this study was to determine the cause of divorce in the Religious Padang. The method used in this research is descriptive quantitative method. Subjects were individuals who filed a divorce case in Padang Religious Court, amounting to 80 people. Means of data collection using questionnaires. Data were analyzed using percentage formula. Results of the study revealed that internal factors cause people divorced in Padang High Religious Court that the attitude aspects of egocentrism in the family as much as 65.26% and in the interpretation of the behavioral aspects of rage as much as 56.46%. External factors cause people divorced in Padang High Religious Court that the negative aspects of the association made the couple as much as 62.51%. From the research, advice that can be given to the counselor that should be able to provide help in minimizing cases of divorce by providing counseling services such as information services, content mastery services, individual counseling and mediation services that can help the problems experienced by individuals who are getting a divorce so it is not the occurrence of divorce.
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Barkah, Qodariah, and Abi Tandore. "Problem Hakim Mediasi dalam Melaksanakan Mediasi terhadap Kasus Perceraian pada Masa Pandemi Covid-19 di Pengadilan Agama Kelas 1B Kayuagung." Wajah Hukum 6, no. 2 (October 14, 2022): 401. http://dx.doi.org/10.33087/wjh.v6i2.1003.
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The implementation of divorce mediation at the Kayuagung Class IB Religious Court during the pandemic has not been successful, so the author aims to find the problems of the mediator judge in conducting the mediation. This research uses the type of field research. Field data were obtained through direct interviews with mediator judges at Pengadilan Agama Kelas 1B Kayuagung. The approach method uses an empirical juridical approach. The results of this study found that there are two things that become the problem of the mediator, namely technical and non-technical aspects. The technical aspect is related to the limitations of experts and time, while the non-technical aspect lies in the determination, absence of the parties, less active participation in the mediation process, lack of openness in conveying problems and the ego nature of each party. Thus, what can be done is to add a special certified mediator and not from a judge; seek training and coaching related to marriage as well as mediator skills in conducting mediation.
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Nasution, Rusli Halil, Asmuni Asmuni, and Pagar Hsb. "The Process of Implementing Divorce Cases in North Sumatra Religious Court after the Entry into force of PERMA Number 1 of 2016." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 3, no. 3 (July 30, 2020): 2027–38. http://dx.doi.org/10.33258/birci.v3i3.1129.
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The aims of the study are to find out the process of implementing divorce case in North Sumatera. This study is a qualitative and normative study of PERMA Number 1 of 2016 with its application in the North Sumatra Religious Court as a legal product in the present aspects that applies in testing the success of the regulation being implemented in the North Sumatra Court, especially in (three) 3 big cities namely the Court Medan, Binjai and Tebing Tinggi religion. The result shows that The implementation of peace in divorce cases in the North Sumatra Religious Court is not significant. In the implementation of divorce case mediation in the North Sumatra Religious Court, many factors influence, among others, technical and non-technical factors. The technical factor is the limitations of the Mediator, namely the absence of a list of non-Judge Mediators here will further aggravate the work of the Judge because of his work being double that is as a Panel Judge and Mediator Judge. So that the work of the Judge mediator is very ineffective and so is the non-judge mediator who must have an official certificate from the Supreme Court so that the training costs are large and the costs of the mediator are not protected by the Regulation
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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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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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Fauzi, Rahmat, and Faisal. "EFEKTIFITAS MEDIASI DALAM MENYELESAIKAN SENGKETA PERCERAIAN (STUDY DI PENGADILAN AGAMA BUKITTINGGI DAN PENGADILAN AGAMA PAYAKUMBUH TAHUN 2015-2017)." Soumatera Law Review 1, no. 2 (October 31, 2018): 314–34. http://dx.doi.org/10.22216/soumlaw.v1i2.3722.
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This research was conducted to reveal the Effectiveness of Mediation in Resolving Divorce Disputes in the Religious Courts. The purpose of this study is to describe the application and success rate of mediation in divorce cases in accordance with PERMA No.1 of 2016 concerning Mediation Procedures. As well as explaining the factors that are obstacles and driving the application of mediation as an effort to reduce the rate of divorce against divorce cases in the Religious Courts. So that the problems faced in the divorce dispute can be resolved through mediation by referring to PERMA No. 1 of 2016. This research will be conducted in the Bukittinggi Religious Court and Payakumbuh Religious Court, Case of 2015-2017. The approach used in this research is a sociological juridical approach which is a research based on a legal provision and a phenomenon or event that occurs in the field. The method used in analyzing data is using qualitative analysis methods. The conclusion of this study is the application of mediation in divorce cases in the Religion Court of the Bukittinggi Religion Court and the Payakumbuh Religious Court have not been effective because they are not in accordance with the intention of the issuance of the Supreme Court Regulation on Mediation Procedures in court. The success rate of mediation in the Bukittinggi Religious Court and Payakumbuh Religious Courts in 2015, 2016 and 2017 is very low, as evidenced by the number of cases that succeeded in mediating ± 5%. Supporting factors for the success of mediation: the ability of mediators, sociological and psychological, moral and spiritual factors and the good will of the parties. While the inhibiting factors for the success of mediation are as follows: the strong desire of the parties to divorce, prolonged conflict and economic factors.
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Karmuji and M. Prima Handa Kusuma. "Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Tuban." JOSH: Journal of Sharia 1, no. 1 (January 28, 2022): 36–48. http://dx.doi.org/10.55352/josh.v1i1.454.
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Mediation as an Alternative Dispute Resolution (ADR) is seen as a humanist and fair dispute resolution method. Humanist because the decision-making mechanism (peace agreement) becomes the authority of the disputing parties and maintains good relations. It is fair because each party negotiates a solution to the problem and the output is a win-win solution. Therefore, litigation dispute resolution began to be abandoned and people turned to mediation. Through Supreme Court Regulation (PerMA) No. 1 of 2008, mediation has been integrated into the court system. Every civil case must be resolved first through mediation. Every judge's decision that does not go through mediation first, then the decision is considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases at the Tuban Regency Religious Court, because divorce cases are cases that occupy the highest ranking in the Religious Courts. The focus of the study is the implementation of mediation in divorce cases, the effectiveness of Tuban mediation, what are the obstacles in the implementation of mediation in divorce cases at the Tuban Religious Court.
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Dian Ety Mayasari, L. Budi Kagramanto, Endang Prasetyawati, and Yovita Arie Mangesti. "Juridical review of pastoral mediation in divorce cases of catholic married couples." Technium Social Sciences Journal 39 (January 8, 2023): 249–56. http://dx.doi.org/10.47577/tssj.v39i1.7991.
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The provision in Article 2 of Marriage Law involves the religious values of marriage sacredness to legalize marriage. However, no explicit involvement of religious law was found in the divorce settlement as has been regulated in Article 39 paragraph 1 of Marriage Law stating that divorce can only be granted in front of a court session after the court has tried and failed to reconcile the two parties. Mediation process requires a mediator other than the judge, as regulated in Article 19, paragraph (1) of Supreme Court Regulation No. 1 of 2016 on Mediation in Court Procedure. This paper focuses on Catholic married couple who filed a divorce application at District Court and involved pastor as the mediator for both parties. Pastors can be involved in divorce mediation of a Catholic married couple as regulated in Article 26 paragraph (1) of Supreme Court Regulation No 1 of 2016 concerning in-court Mediation Procedure that allow religious leader to serve as the mediator to reconcile a married couple who apply for a divorce. Therefore, the judge who presided over the divorce case can reject the divorce application filed by a Catholic married couple without pastoral consultation or mediation.
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Mutholib, Mutholib, Liky Faizal, and H. Muhammad Zaki. "Analisis Hukum Islam Terhadap Pelaksanaan Mediasi Perkara Perceraian di Pengadilan Agama Gedong Tataan dan Pengadilan Agama Pringsewu Lampung." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 1 (June 30, 2022): 83–92. http://dx.doi.org/10.37680/almanhaj.v4i1.1544.
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Mediation in Islam is known as Islâh and hakam. When a dispute or dispute occurs, the disputing parties make peace efforts by appointing a judge. In the case of divorce, the function and efforts to reconcile are the obligations of the judge as a mediator which must be carried out based on Supreme Court Regulation no. 01 of 2016 concerning Mediation Procedures in Courts. Therefore, peace efforts are sought through mediation in the Religious Courts so that couples who want to divorce cancel their intentions and reconcile. However, the reality is that the success rate of mediation in divorce cases is still relatively low. This is evidenced by the number of cases that end in the trial process, compared to the success of the Mediation process. The purpose of this study was to analyze the implementation of divorce case mediation based on Perma No. 1 of 2016. As well as analyzing Islamic law on the implementation of mediation in divorce cases at the Gedong Tataan Religious Court and the Pringsewu Religious Court. The method used in this research is descriptive qualitative with theological, juridical normative and sociological approaches, with the object of research being the Gedong Tataan Religious Court and the Pringsewu Religious Court in Lampung. The primary data in this study were obtained from interviews with the Mediator Judge. The secondary data used is the report on the success and failure of the mediation implementation recorded in the final report and the Case Investigation Information System (SIPP). The results obtained from the research that the implementation of mediation at the Gedong Tataan and Pringsewu Religious Courts, based on PERMA No. 1 of 2016, but the implementation of mediation cannot be said to be optimal or not effective, because the success of mediating divorce cases is still relatively low. Mediation or Islah in resolving domestic conflicts actually contains benefits, namely maintaining the objectives of Islamic law (maqasid al-syariah), namely maintaining religion, soul, mind, lineage, and property. Maqashid sharia in mediation is hifd al-nasl (keeping offspring)
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Andaryuni, Lilik, and Ratu Haika. "Efektivitas Perma Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan dalam Menekan Angka Cerai di Pengadilan Agama." FENOMENA 10, no. 2 (December 1, 2018): 95–116. http://dx.doi.org/10.21093/fj.v10i2.1231.
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Raising statistic divorce from year to year increased, make Supreme Court take various efforts, among others make the role of mediation in the Religious Court (PERMA No. 1 Tahun 2016). This article discusses the effectiveness of mediation in the Religious Court in order to minimize statistic divorce in the Religious Court East Kalimantan.
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Saifullah, Muhammad. "EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA JAWA TENGAH." Al-Ahkam 25, no. 2 (October 24, 2015): 181. http://dx.doi.org/10.21580/ahkam.2015.25.2.601.
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Mediation as one of Alternative Dispute Resolution (ADR) is seen as a way dispute resolution humane and just. Humanist because the mechanism decision-making (the peace agreement) become the authority of the parties dispute and maintain good relations. Fair because each party negotiate to option a problem solution from his problem and outputs a win-win solution. Therefore, dispute resolution with litigation is becoming obsolete and people turn to mediation. Through the Supreme Court Regulation (Perma) No. 1 In 2008, mediation has been integrated into the proceedings in the court system. Every civil matters must completed first by way of mediation. Each judge's decision not by way of mediation first, the decision shall be considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases in the Religious Court Central Java, because of a divorce case is a matter of the highest ranks in the Religious Court. The focus of the study is the implementation of divorce mediation cases, mediation success standard divorce cases and the litigants public response to the peace efforts through mediation procedures
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Hasanah, Faridatul. "MEDIATOR'S PERSUASIVE APPROACH IN MEDIATION PRACTICE: CASE STUDY OF DIVORCE AT GRESIK RELIGIOUS COURT." SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam 6, no. 1 (January 4, 2021): 25–48. http://dx.doi.org/10.33752/sbjphi.v6i1.1639.
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This research was field qualitative. Purpose is (1) To determine the strategy of judges mediators in settling divorce cases through mediation in the religious Gresik (2) To know the views of people about the existence of mediation as a way to prevent divorce (3) To find out how the effectiveness of the mediation process in handling divorce cases in the religious Gresik. The variables of this research is the role of the judge Mediator Mediation Divorce Case. The study population was numbered 7 people, samples of this study is 4 mediators as informants for only two the informant can be reached. For people who are litigants, 4 as the samples which are in neighborhood religious Courts Gresik. Data collection techniques used were interview and documentation. The results of this study indicate that. (1) strategy judge mediator in case of divorce mediation is to maximize the mediation process by providing advice and consideration if later married couples end up with divorce where previously done caucus or to each party alternately on mediation it self. (2) The view of the public about the existence of the mediation is a good thing because it provides education in the form of advice and teach harmony and the community is also considered that mediation in the religious should stay there. (3) the effectiveness of mediation in the religious Gresik which is not very effective because the number that failed in mediation more than a successful mediation.
Keywords: Role of Judges, Mediation, Divorce
Abstrak
Penelitian ini adalah kualitatif lapangan. Arahnya ialah (1) Untuk dapat memahami cara mediator dalam menangani kasus perceraian melalui proses juru damai (2) Untuk mendapatkan hasil mengenai pandangan masyarakat tentang adanya mediasi yang berperan sebagai juru damai mengenai perceraian (3) Untuk dapat memahami seberapa penting efektifitas proses mediasi dalam menyelesaikan permasalahan yang terjadi. penelitian ini ialah inovasi mediator dalam menentukan keberhasilan mediasi kasus perceraian. Populasi penelitian ini adalah berjumlah 7 orang, yang diteliti ada 4 orang sebagai informan mediator. Untuk masyarakat yang melakukan mediasi diambil dua pasang. Tehnik yang digunakan yakni tehnik wawancara dan dokumentasi. Hasil penelitian ini menjelaskan bahwa. (1) cara yang dipakai juru damai untuk menangani masalah cerai adalah mempermudah proses mediasi ,mediator berulangkali menyelipkan nasehat -nasehat yang berujung perdamaian, meskipun nantinya tidak dapat rukun kembali, alangkah baiknya berpisah dengan cara baik-baik.(2) Pandangan masyarakat mengenai adanya mediasi ini antusiasnya begitu baik, karena juru damai seperti ini yang dibutuhkan saat ini, lebih bersifat kekeluargaan. (3) efektifitas mediasi belum sempurna disebabkan meningkatnya orang yang ingin cerai dan juru damai yang mempunyai sertifikat sangat kurang.
Kata Kunci: Inovasi Mediator, Mediasi, Perceraian
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Fitriani, Hellen Last, Febby Amelia Olearosa, and Nurhadi Nurhadi. "Implementasi Mediasi terhadap Perkara Perceraian di Pengadilan Agama Bangkinang pada Masa Pandemi Covid-19 Berdasarkan Peraturan Mahkamah Agung Nomor 1 Tahun 2016." ALSYS 2, no. 4 (July 30, 2022): 555–66. http://dx.doi.org/10.58578/alsys.v2i4.513.
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The writing of this article was motivated by the Implementation of Mediation on Divorce Cases at the Bangkinang Religious Court during the Covid-19 Pandemic based on Supreme Court Regulation Number 1 of 2016, that the divorce rate increased from before the pandemic period. Of course, the Bangkinang Religious Court in this case is the executor in carrying out the PERMA which is assisted by mediators in reconciling the litigants, especially divorce cases which continue to increase from 2020 to 2021 during the current pandemic and many mediation implementations have failed. This study discusses how to implement mediation in divorce cases at the Bangkinang Religious Court during the COVID-19 pandemic based on Supreme Court Regulation Number 1 of 2016 and the inhibiting factors for the implementation of mediation for divorce cases at the Bangkinang Religious Court during the covid-19 pandemic. This study uses a sociological legal research method (socio legal research), which is one type of research that goes directly to the field to adjust theory and reality in the field through observation and interviews. The sources used include primary legal materials, secondary legal materials and tertiary legal materials. Then the sampling technique with purposive sampling technique. The results of this study are that the implementation of mediation at the Bangkinang Religious Court is not optimal to reduce the divorce rate because there are still many mediations that fail and there are still obstacles faced by the Bangkinang Religious Court, namely the strong desire of the parties to divorce, because in general the failure of mediation is because the parties already have a strong desire to divorce, the defendant and the respondent do not have good intentions and there are still mediator judges who do not have a certificate as a mediator, of course, compared to a mediator who already has a certificate of ability, it must still be under his knowledge because to get a mediator certificate a lot of knowledge is gained.
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Hasmawati, Hasmawati, and Muhammad Akbar Fhad Syahril. "The Effectiveness of Mediation Process to Press Divorce Rates." Amsir Law Journal 1, no. 2 (April 24, 2020): 78–84. http://dx.doi.org/10.36746/alj.v1i2.26.
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This study aims to determine and analyze how the effectiveness of mediation in overcoming divorce in the Palopo Religious Court and what are the factors to be successfully for the resolution of divorce cases in Palopo Religious Court. This study was conducted in Palopo Religious Court. The research method used empirical normative approach, the source of research data was field research and library research such as interviews and literature review of literature books and scientific works. The results of this study indicated that the effectiveness of mediation to overcome the divorce in the Palopo Religious Court is quite effective because it has been carried out with procedures in the mediation process. The successful factors of the divorce case in the Palopo Religious Court were good faith from both sides, the ability of a mediator to provide an explanation to the parties, and time also.
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Taufik, Abdullah. "The Settlement Principles of Divorce through Mediation." Proceeding of International Conference on Engineering, Technology, and Social Sciences (ICONETOS) 1, no. 1 (February 8, 2020): 78. http://dx.doi.org/10.18860/iconetos.v1i1.1164.
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This paper concerns the principles of mediation in the resolution of disputes in the Religious Courts. Settlement of divorce in a religious court is a part of the procedural procedure in a religious court because divorce case is part of civil law. The settlement follows civil procedural law in general in addition to other provisions stipulated in the procedural law of religious justice. Mediation in a divorce case will assist the parties in resolving and finding a middle ground for the interests of both sides so as not to harm one party and ended up with a win-win solution (mutually beneficial). For this reason, it is necessary to pay attention to the principles in achieving peace efforts, namely; the principle of deliberation, the principle of mutual forgiveness, the principle of respecting others, and the principle of justice.
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Sulistiono, Joko, Akhmad Haries, and Maisyarah Rahmi. "The Role Of Non Judge Mediators Providing Guarantee Of Women's Rights Protection In Divorce Cases." Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan 16, no. 4 (June 8, 2022): 1349. http://dx.doi.org/10.35931/aq.v16i4.1059.
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<p><em>The mediation process encountered obstacles. The role of non-judge mediators to protect women's rights in divorce cases was needed in the mediation process. This study aims to determine the role of non-judge mediators in providing guarantees for the protection of women's rights in divorce cases at the Samarinda Religious Court and to find out the obstacles to guaranteeing the protection of women's rights that occur in the mediation process in divorce cases at the Religious Courts. This type of research is normative empirical using descriptive qualitative research methods with data collection techniques in the form of observation, interviews, documentation, supported by legislation and legal norms in society. Research Qualitative data analysis techniques, in the process of analysis with data reduction (selection process). The results obtained from this study are that the role of non-judge mediators at the Samarinda Religious Court has provided protection for post-divorce women's rights in cases of talak and divorced divorces with the same rights. Obstacles in the mediation process to protect women's rights after divorce, namely the purpose of the Religious Courts is only to formalize Divorce in state law, the absence of good faith from one party can be caused by not wanting to divorce or not wanting to meet again with other parties, the inability of the parties economically to fulfill women's rights after divorce.</em></p>
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Choeri, Imron, and Rani Fitriani. "Implementasi Perma No 1 Tahun 2016 Tentang Mediasi Perkara Perceraian di PA Jepara." Isti`dal : Jurnal Studi Hukum Islam 8, no. 2 (December 14, 2021): 220–43. http://dx.doi.org/10.34001/istidal.v8i2.2713.
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This study aims for the first, analyzing Perma No. 1 year 2016 on the procedure of conducting mediation whether in accordance with the implementation of mediation in the Jepara Religious Court. Second, the effectiveness of mediation in divorce cases in the Jepara Religious Court. This research uses normative approach, using qualitative research type and using field research method, namely applied research or field research. To obtain the data is used documentation method. The results of this study stated that, first, most of the ones contained in Perma No. 1 of 2016 have been applied in the Jepara Religious Court, but there are some articles that are not in accordance with the latest Perma, for example the parties that must be in good faith at the time of mediation. Second, the effectiveness of mediation in the Jepara Religious Court, especially in divorce cases is very low, even many cases are entered but mediation can not be carried out. This is the need for socialization to the community the importance of carrying out mediation, whereas mediation is the most important process because to suppress the divorce rate in Jepara Regency.
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Miftah, Ahmad Harisul, and Nurul Fauzi. "Efektivitas Pelaksanaan Mediasi Di Masa Pandemi Dalam Menekan Jumlah Angka Perceraian: Studi Kasus Pengadilan Agama Serang." Indonesian Journal of Shariah and Justice 1, no. 1 (November 18, 2021): 145–75. http://dx.doi.org/10.46339/ijsj.v1i1.6.
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The rise of divorce rates is getting higher and continues to grow especially in pandemic times like this, one of which is due to economic factors. However, the divorce case must be in accordance with the mandate of Perma No.1 of 2016 which states the importance of mediation. The formulation of the problems in this study is: How is the implementation of mediation in the pandemic period in the settlement of divorce cases in the Serang Religious Court?, How is the role of mediator judges in reconciling and reducing the number of divorce rates during the pandemic in the Serang Religious Court?, and What are the obstacles faced by mediator judges in reconciling divorce cases during pandemics in the Serang Religious Court?. The conclusion of this study is that the procedure for the implementation of mediation in the Serang Religious Court is in accordance with Perma No.1 of 2016 on Mediation Procedures in Court and also implements health protocols in accordance with Presidential Instruction No. 6 of 2020 on Improving Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019, and mediator judges play an important role in reconciling and suppressing the number of divorces. This can be seen in the mediation report. The obstacles faced by mediator judges consist of several factors. Starting from the factors of divorce cases, litigated parties and factors from the mediator itself.
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Ali, Zezen Zainul Ali, and Moelki Fahmi Ardliansyah Moelki. "FAKTOR KETIDAKBERHASILAN PERMA NO 1 TAHUN 2016 DI PENGADILAN AGAMA GUNUNG SUGIH." ADHKI: Journal of Islamic Family Law 3, no. 1 (August 8, 2021): 83–93. http://dx.doi.org/10.37876/adhki.v3i1.41.
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Marriages are carried out with the aim of building a family that is sakinah mawadah and rahmah, but on the way the marriage often causes disputes that can lead to divorce, such as in the Religious Court of of Gunung Sugih which has a high divorce rate. Various attempts have been made to reduce the divorce rate, one of which is integrating mediation in the process of settling cases in court. Even so, the implementation of the mediation has not been able to meet the expected objectives because there are still many unsuccessful numbers of mediation at the Religious Court of Gunung Sugih. This research aims to determine the factors that cause the mediation process to be unsuccessful in divorce cases in particular. This research is an empirical legal research or socio-legal research. This research method used in data collection is interviews and documentation then processed and analyzed using descriptive qualitative methods. This research is expected to provide benefits and add scientific knowledge for mediators and researchers to continue working to optimize mediation as an effort to reduce the divorce rate.
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Saragih, Rayani, and Maria Ferba Editya Simanjuntak. "Efektivitas Mediasi sebagai Alternative Dispute Resolution Terhadap Perkara Perceraian di Pengadilan Agama Pematangsiantar." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 2 (December 2, 2020): 734–42. http://dx.doi.org/10.34007/jehss.v3i2.405.
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This study aims to analyze the effectiveness of meditation on divorce cases in the Pematangsiantar Religious Court. The problem in this research is focused on how to implement Mediation in divorce cases at the Pematangsintar Religious Court. The research method in this research is empirical normative legal research, namely by analyzing the related regulations by summarizing them with the results of data obtained directly from the Pematangsianta Religious Court, then the data is analyzed qualitatively. This study concludes that mediation as an Alternative Dispute Resolution (ADR) is seen as an effective and fair way of dispute resolution. Mediation outside the court is regulated in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Mediation as a decision-making mechanism or a peace agreement is the main authority of the disputing parties and maintains good relations. Mediation must be carried out first in divorce cases before the judge decides in the divorce case, because every judge's decision that does not go through mediation is considered. null and void. The Mediator Judge as much as possible carries out a mediation process with the parties in the case so that the marriage is maintained. However, the success of mediation lies in the good faith of both parties in following and compliance with the mediation process.
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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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Salman, Salman. "Implementation of Mediation and Hakam in Divorce Case in Religious Court." International Journal of Nusantara Islam 8, no. 2 (December 15, 2020): 274–81. http://dx.doi.org/10.15575/ijni.v8i2.12407.
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The resolution of divorce cases in the Religious Courts is still more dominant in the orientation of the litigation process than the non-litigation process, even though the spirit of suppressing the increase in the divorce rate from year to year is one of the missions that the Religious Courts want to achieve. Mediation institutions are actually established to encourage the realization of these ideals, but the results are still far from adequate. In fact, there are other ways in Islamic law that are believed to be effective in reducing the divorce rate, namely hakam. Unfortunately the rights have not been maximally applied by judges in resolving divorce cases at the Religious Courts
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Saragih, Rayani. "Implementasi Mediasi terhadap Perkara Perceraian di Pengadilan Agama Kabupaten Simalungun." Jurnal SOMASI (Sosial Humaniora Komunikasi) 1, no. 1 (July 20, 2020): 104–15. http://dx.doi.org/10.53695/js.v1i1.35.
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Mediation as a mechanism for decision making/peace agreement becomes the main authority of the parties to the dispute and maintains good relations. Mediation is fair because each party negotiates a solution to the problem with a win-win solution. Through Supreme Court Regulation (PerMA) No. 01 of 2008 concerning Mediation, mediation has been integrated in the court system. Mediation according to Article 1 paragraph 7 Perma No. 01 of 2008 is a way to resolve disputes through a negotiation process to obtain the agreement of the parties with the assistance of a mediator. Any decision of a judge who is not mediated first, then the decision is considered null and void by law. Divorce is the termination of the relationship between husband and wife both divorce and divorce. Before the judge decides the divorce case, mediation between parties is first carried out. The success of mediation is very minimal in divorce cases, this can be seen from the still many divorce cases in the court. This is an urgency in this study, where the application of mediation in divorce cases, especially in the District of Simalungun District. This research is a normative juridical research with literature study data collection techniques by examining literature-literature and analyzing regulations that are relevant to this research. The results of this study are expected to determine the implementation of mediation divorce cases in the Simalungun District Religious Court.
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Mohammad Muizzudin and Achmad Asfi Burhanudin. "Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Kota Kediri." El-Faqih : Jurnal Pemikiran dan Hukum Islam 6, no. 1 (May 9, 2020): 123–35. http://dx.doi.org/10.29062/faqih.v6i1.105.
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Mediation is the process of resolving disputes through a negotiation or consensus process by the parties assisted by a mediator who has no authority to interrupt or impose a settlement. In reality, the implementation of mediation is still less effective in resolving a case, evidenced by the least of things successfully resolved by mediation. The problem that will be discussed in this research is about the effectiveness of mediation as a means of reconciling the cause, whose main goal is to reduce the number of cases, and also to know the success rate of mediation. Especially in the case of divorce in Kediri city religious court. The method used in this research is a case study, which is a research conducted intensively, detailed and in-depth to a particular organization, institution or symptom, and seeks to maintain the integrity of the object. The object of this study was mediation in the Kediri religious court about mediation on divorce in 2017. Field research as complementary. This study uses qualitative analysis by thinking inductive-analytic descriptionist-analytical as well as using the normative-juridical approach. And in collecting data using observations, interviews and document searches. Based on the results of the research, it is known that mediation in the case of divorce that occurred in Kediri religious court year 2017 ineffective. The most prominent cause of this is the strong determination of litigants to divorce
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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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Adilović, Muharem, and Ajdin Huseinspahić. "Historical Aspects of the Development of the Mediation Institute Before the Divorce of Marriage in Bosnia and Herzegovina with a Focus on Positive Legal and Sociological Aspects." Društvene i humanističke studije (Online) 7, no. 4(21) (December 30, 2022): 431–54. http://dx.doi.org/10.51558/2490-3647.2022.7.4.431.
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Every social phenomenon has its own "life" cycle from origin and development to termination. It's the same with marriage. However, the termination of marriage should not produce negative consequences primarily for children, as subjects who did not decide on the formation or termination of marriage, but also for the family as a community of special social interest. That is why the institution of mediation has been established in the legal order, as a kind of "therapeutic" institute that should help overcome all the negative consequences of the end of a marriage, both on the part of the children and the spouse. The paper, therefore, emphasizes the constitutional foundations of marriage and the family, with a special focus on mediation before divorce, intending to analyze normative solutions and their application in practice, and offering de lege ferenda proposals in the existing constitutional and legal frameworks to help people when solving possible misunderstandings that can weaken marital bonds and destabilize the entire family system with their negative consequences. We focused special attention on the advantage of mediation in resolving marital disputes, and the most common contents of mediation during divorce are also listed. If problems arise in the marriage due to which it cannot survive, thereby losing its function, the spouses initiate a divorce case before the competent court. Before making the final decision on divorce, the spouses are obliged to turn to a competent mediator who will provide them with the necessary assistance to determine the possibility of survival of the marital union. To collect the highest quality data, empirical research was conducted in cooperation with centers for social work throughout Bosnia and Herzegovina, which we used when analyzing the current situation and synthesizing conclusions to improve it.
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Salam, Nor. "Mediasi Lokal sebagai Model Utama Penyelesaian Kasus Perceraian Masyarakat Muslim Kalisat Pasuruan." ISLAMICA: Jurnal Studi Keislaman 12, no. 1 (September 4, 2017): 142–72. http://dx.doi.org/10.15642/islamica.2017.12.1.206-236.
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This article analyzes the background of the legal pattern of the community at Kalisat Pasuruan in making local mediation as the main model to resolve divorce cases. This study uses a socio-legal approach with the Legal System Theory initiated by Lawrence Meir Friedman. This article is based on the emergence of the Supreme Court Regulation on Mediation in order to change the image of the Religious Courts from judicial paradigm to dispute resolution paradigm, including in divorce cases. The mediation in the case is imperative and the denial of mediation process in the court results in the cancellation of the decision by law. This study concludes that the alignment of the Kalisat community towards local mediation is much more due to non-legal factors which are categorized into elements of legal culture than to structural elements or legal substances. The legal culture element that is intended for example concerns the understanding of the Kalisat community on the teachings of their religion, their perceptions of the proceedings in the Religious Court in resolving divorce cases, or other factors such as the emotional closeness between them and community leaders who are local mediators.
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Et. al., Dr Muhammad Juni Beddu,. "Urgency of Mediator (Mediation) in Resolving Divorce Cases in Religious Courts." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 4 (April 10, 2021): 1455–60. http://dx.doi.org/10.17762/turcomat.v12i4.1383.
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This scientific paper was written to investigate the Urgency of Mediators in Resolving Divorce Cases in the Religious Courts. The descriptive method was employed to describe a scientific paper with a theoretical description. It can also be called a grand theory. A mediator is a person who should be able to divert the intention of the two parties from the one who wants to divorce to undo that intention. Therefore, the two parties in the case are settled peacefully. The mediator is the judge himself or an individual or institution that has been certified by the Supreme Court.
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Sulaiman, Sulaiman, Muzakir Muzakir, Ema Syithah, Baharuddin Baharuddin, and Ainon Mardhiah. "Improving Factors of Divorce Rate in Sabang City." Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 2, no. 3 (August 2, 2019): 72–82. http://dx.doi.org/10.33258/birci.v2i3.395.
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The purpose of this study was to look at the factor of increasing divorce rates in the city of Sabang. This research integrates library research and field research using a qualitative approach. This study uses. descriptive method of analysis The highest results of the study showed that the factor of increasing divorce in Sabang City was caused by; first, continuous disputes and disputes amounted to 80 cases, secondly, leaving one party numbered 38 cases, third, economic (family needs not met) as many as 9 cases, fourth, domestic violence in 5 cases, and fifth, sentenced to imprisonment ( involved in the use of narcotics) totaling 4 cases, the data is the data of the last three years. Whereas prevention efforts to avoid divorce are carried out by conducting marriage counseling conducted by the Office of Religious Affairs in the Sabang City area, at least one week before the implementation of the marriage contract, this guidance activity is mandatory for couples to marry, besides the Shari'ah Court of Sabang also conducted mediation with every party who filed a divorce or divorce divorce, out of the 63 cases of mediation cases that entered, only 5 cases of mediation were successfully mediated in the last three years and if the mediation attempt was unsuccessful a register was held to proceed to the trial stage.
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Cusairi, Rafidah Mohamad, and Mahdi Zahraa. "Procedure of Issuing Religious Divorce and Resolving Matrimonial Disputes at Sharīʿah Councils in the uk." Arab Law Quarterly 32, no. 1 (December 26, 2018): 1–32. http://dx.doi.org/10.1163/15730255-12321043.
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Abstract The unavailability of civil courts to hear cases relating to Muslim family law and other related matters persuaded community leaders and religious scholars in the United Kingdom to establish several Sharīʿah councils. This article explores the role played by these councils in resolving matrimonial disputes, especially the process and procedure of issuing an Islamic divorce. Library and empirical research methods were employed. Three main uk Sharīʿah councils were visited wherein mediation and arbitration sessions, as well as monthly meetings, were observed to examine how disputes are handled and decisions made. The study leads to several findings. Mediation and arbitration are the main methods used in the process, and despite the relative success of Sharīʿah councils, they face challenges resulting from the dichotomy and overlapping jurisdictions of Islamic and English family law and the non-alignment of divorce issued by uk courts and religious divorce.
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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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Marzuki, Marzuki, Abidin Abidin, and Hilal Malarangan. "Effectiveness of The Implementation of Supreme Court Regulation Number 1 Year 2016 on Divorce Settlement." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 3, no. 1 (June 20, 2021): 28–40. http://dx.doi.org/10.24239/ijcils.vol3.iss1.26.
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The focus of this research is the effectiveness of implementing Supreme Court Regulation No. 1 of 2016 concerning the Mediation Process in the Court in the settlement of divorce cases at the Donggala’s Religious Court Class IB. The aim is to determine the implementation and effectiveness as well as the supporting and inhibiting factors for the implementation of the Supreme Court Regulation Number 1 of 2016 in the settlement of divorce cases. This research is a qualitative with a case study. The data were collected through observations, interviews, and documentation to the parties in the relevant research locations. The results of this study indicate that the Donggala Religious Court Class IB has implemented the practice of implementing mediation in accordance with the provisions of the Supreme Court Regulation Number 1 of 2016. However, the results of its implementation show that its effectiveness is still very small; this is evidenced by the high number of divorces each year. From the data on the number of divorces, it shows that divorce tends to increase which is dominated by divorce due to continuous disputes.
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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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Haeratun, Haeratun, and Fatahullah Fatahullah. "Efektivitas Mediasi Sebagai Alternatif Penyelesaian Perkara Perceraian Di Pengadilan Agama." Batulis Civil Law Review 3, no. 1 (May 16, 2022): 29. http://dx.doi.org/10.47268/ballrev.v3i1.930.
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Mediation is an alternative form of dispute resolution that has grown and developed along with the growing human desire to resolve disputes quickly and also to satisfy the litigants. The purpose of the study was to determine and analyze the effectiveness of mediation as an alternative to divorce cases at the Mataram Religious Courts and the Praya Religious Courts NTB. The research method includes the type empirical/socio legal research, while the approach used is a socio legal approach. The results of this study are that the success rate of mediating divorce cases at the Mataram religious court and the Praya religious court is still very low because there are still many mediator judges in the religious court who have not been certified so that they do not have the skills to seek peace for the parties, in addition to inadequate facilities and infrastructure.
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Saifullah, Muhammad. "INTEGRASI MEDIASI KASUS PERCERAIAN DALAM BERACARA DI PENGADILAN AGAMA." Al-Ahkam 24, no. 2 (October 24, 2014): 243. http://dx.doi.org/10.21580/ahkam.2014.24.2.148.
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This research aims to determine the implementation of mediation in divorce cases in The Religion Court Semarang, the substance perspective for PerMA No. 1 of 2008 on Mediation Procedure in the Court, and the legal culture for citizen proposing their problem to the court. This study uses the non-doctrinal law approach that puts the law as "skin out system" or the study of the law in action and also uses doctrinal law approach as a "skin in the system" or the study of law in book, PeMA No. 1 of 2008. The next, the study analysis uses the theory of Lawrence M. Friedman in law enforcement, Lucy V. Kazt theory in the mediation process, and content analysis. The researcher concludes that the mediation in the Religious Courts has not been effective yet because the litigants do not want to make peace, the lack of knowledge about science mediation judge, Religious Court cases are overload and limited means. Besides the existing mediation has just been done in court by requirement in which the parties should attend, whereas this requirement sometimes becomes the mediation success constraints. That is why, the success of mediation must be supported by a legal culture that preceded the dissemination and socialization of justice of peace in the mediation process, prioritybased divorce amicably and based on culture and local wisdom
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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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Amundson, Jon, and Larry Fong. "Systemic/strategic aspects and potentials in the Haynes model of divorce mediation." Mediation Quarterly 1986, no. 12 (June 1986): 65–74. http://dx.doi.org/10.1002/crq.38919861207.
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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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Meierding, Nina R. "The impact of cultural and religious diversity in the divorce mediation process." Mediation Quarterly 9, no. 4 (June 1992): 297–305. http://dx.doi.org/10.1002/crq.3900090403.
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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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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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'Afifurahman, Fakhry, Madhory Madhory, Tasya Ramadhini, Isra Islamiyah, and Ridho Bayu Samudra. "Perceraian Era Pandemi Covid-19." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, no. 2 (August 20, 2022): 204–15. http://dx.doi.org/10.47467/as.v5i2.2116.
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During the COVID-19 pandemic, divorce cases in the city of Tangerang experienced an increase. In particular, this paper aims to identify how high divorce cases occurred during the pandemic, but also to analyze the factors/conditions that led to an increase in divorce cases based on the results of religious court decisions regarding divorce. This study uses a qualitative approach with a descriptive analytical approach that utilizes data sourced from scientific articles in Google Scholar, Garuda, Sinta and journals managed by various institutions. The understanding of divorce in marriage according to the Islamic point of view is the last door when there is no way out to solve problems that occur in the household. And in article 39 of the marriage law it is explained that divorce can only be carried out in front of a court session and not with a court decision. The divorce rate in Tangerang City throughout 2021 is 3,545 cases. This figure has increased by about 14 percent compared to 2020 with 3,041 cases. In 2020 the highest cause of divorce is economic with 6,001 cases, and in 2021 the highest cause of divorce is disputes and quarrels with 2,026 cases. This increase in divorce certainly results in several impacts, such as psychological weakness in children, traumatic events, changes in roles and status, to difficulty adjusting. The government needs to pay special attention to increasing divorce cases by optimizing mediation by religious courts.
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Fadili, Al, and Mahfudz Sidiq. "UPAYA PERDAMAIAN PROSES PERCERAIAN MELALUI MEDIASI OLEH PENGADILAN AGAMA SEBAGAI FAMILY COUNSELING." An-Nisa' : Jurnal Kajian Perempuan dan Keislaman 12, no. 1 (April 1, 2019): 1–21. http://dx.doi.org/10.35719/annisa.v12i1.5.
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One of the social problems in Jember is the high divorce rate. Divorce is chosen because it is considered as a solution to the problems that previously occurred in the family. On the other hand, many studies have shown that divorce could bring negative effects on husbands, wives and children. It means that divorce not only brings the positive effects because it ends the previous problem but also raises new problems. Therefore, it needs family counseling agencies that can help to solve the problem. Religious court is not a family counseling institution but in practice, it has effort to reconcile and resolve family problems through mediation, so it is important to understand the mediation effort of divorce in religious court as family counseling. This research used qualitative approach in descriptive type. The research location was in Religious Court of Jember. The used informant determination technique was Purposive technique. The used data collection methods were observation, interviews, and documentation. The data were analyzed by using Miles and Huberman model. The research results indicated that the mediation of divorce in religious court was an effort to solve family problems done by both husband and wife assisted by neutral and professional third party that was mediator. He did not take decision, but he helped families reach reconciliation. The mediation process was carried out with a problem solving approach with several steps, namely (1) establishing relationships with clients (2) identifying family problems, (3) doing caucus as needed, (4) giving advice, (5) offering reconciliation through written agreement, and (6) making formal agreement.
Salah satu masalah sosial di Jember adalah tingginya angka perceraian. Perceraian dipilih karena dianggap sebagai solusi atas permasalahan yang sebelumnya terjadi dalam keluarga. Di sisi lain, banyak penelitian menunjukkan bahwa perceraian dapat berdampak negatif bagi suami, istri, dan anak. Artinya, perceraian tidak hanya membawa dampak positif karena mengakhiri masalah sebelumnya tetapi juga menimbulkan masalah baru. Oleh karena itu, diperlukan lembaga konseling keluarga yang dapat membantu menyelesaikan masalah tersebut. Pengadilan Agama bukanlah lembaga konseling keluarga tetapi dalam praktiknya memiliki upaya untuk mendamaikan dan menyelesaikan masalah keluarga melalui mediasi, sehingga penting untuk memahami upaya mediasi perceraian di pengadilan agama sebagai konseling keluarga. Penelitian ini menggunakan pendekatan kualitatif dengan tipe deskriptif. Lokasi penelitian di Pengadilan Agama Jember. Teknik penentuan informan yang digunakan adalah teknik Purposive. Metode pengumpulan data yang digunakan adalah observasi, wawancara, dan dokumentasi. Analisis data menggunakan model Miles dan Huberman. Hasil penelitian menunjukkan bahwa mediasi perceraian di pengadilan agama merupakan upaya penyelesaian masalah keluarga yang dilakukan oleh suami dan istri dengan dibantu pihak ketiga yang netral dan profesional sebagai mediator. Dia tidak mengambil keputusan, tetapi dia membantu keluarga mencapai rekonsiliasi. Proses mediasi dilakukan dengan pendekatan pemecahan masalah dengan beberapa langkah, yaitu (1) menjalin hubungan dengan klien (2) mengidentifikasi masalah keluarga, (3) melakukan kaukus sesuai kebutuhan, (4) memberi nasihat, (5) menawarkan rekonsiliasi melalui kesepakatan tertulis, dan (6) membuat kesepakatan formal.
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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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Dharmayani, Dharmayani, Agus Hermanto, Iman Nur Hidayat, Rakhmat Rakhmat, and Agus Setiawan. "The Urgency of Mediation of the Religious Courts System on Islamic Law Perspective." Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 7, no. 1 (June 9, 2022): 15–30. http://dx.doi.org/10.25217/jm.v7i1.2288.
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Mediation is a Religious Court facility to resolve disputes outside the court; however, it is often found that the phenomenon of cases that have not been completed from the handling of mediation, for example, in family law disputes, is divorce. What is interesting to study is, what is the role and position of mediation in the Religious Courts? This paper aims to describe and analyze the role and function of mediation in the religious court environment, with the type of qualitative research in the form of library research. The conclusion of this study is that the court has carried out the mediation process with the position of the judge as a mediator. In contrast, the judge is the main role as well as the policymaker, so it becomes a very difficult task to be able to resolve cases outside the court plus, a case that has been entered into court are cases that have been screened through family, community and even customary approaches, and did not visit thoroughly and then refer to the court, what is often the problem is that the mediator who has been the judge, while the judge has a dual role, namely adjudicating and concurrently being a mediator
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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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Somibeda Lamadokend, Juliana, Ibnu Sabil, and Anak Agung Made Sastrawan Putra. "Fungsi Badan Kepegawaian dan Pengembangan SDM dalam Melakukan Mediasi pada Proses Perceraian PNS di Lingkungan Pemerintah Kabupaten Tana Tidung." Antroposen: Journal of Social Studies and Humaniora 1, no. 2 (December 3, 2022): 49–62. http://dx.doi.org/10.33830/antroposen.v1i2.3661.
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Marriage according to Law Number 1 of 1974 is an inner and outer bond between a man and a woman as husband and wife to live a perfect, happy, and eternal life. Not all marriages can run as expected because there is no agreement or conflicting behavior that results in divorce in both the general public and civil servants. This study aims to describe and analyze staffing policies in fostering household harmony and support improving employee performance, analyze the factors causing civil servant divorce, analyze the mediation process carried out by BKPSDM as a form of regional organizational function in the civil servant divorce process and analyze obstacles and solutions. In mediating the divorce process for civil servants within the Tana Tidung Regency Goverment. This study uses a qualitative descriptive method with data collection techniques through interviews, observation and documentation. This study concludes that the government policy of Tana Tidung Regency in fostering household harmony is carried out through religious activities, giving leave, counseling guidance, and socialization about household harmony. Factors causing civil servant divorce include infidelity, economy, one party being a drug addict, and differences in principles, ideology, and religion. BKPSDM as a mediator uses the 5 mediation principles of David Spencer and Michael Brogan in the civil servant divorce apllication process. The obstacles faced werw that one of the parties was unable to attend, and parties were uncooperative, unable to accept suggestions, and incomplete administrative requirements. The solution is to make a summons to the parties concerned, bring other parties to obtain additional information, and contact employees to complete the requirements for submitting a divorce permit so that the next process can be carried out.
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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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KHOIRUL ANAM. "STRATEGI HAKIM MEDIATOR DALAM MENCEGAH TERJADINYA PERCERAIAN." Jurnal YUSTITIABELEN 7, no. 1 (July 19, 2021): 115–27. http://dx.doi.org/10.36563/yustitiabelen.v7i1.323.
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ABSTRAK
Strategi Hakim Mediator Dalam Mencegah Terjadinya Perceraian, Studi di Pengadilan Agama Tulungagung adalah Judul dari penelitian ini, hal ini menarik di angkat sebagai judul, disebabkan tingginya perceraian setiap tahunya pada wilayah Kabupaten Tulungagung, dapat kita lihat pada tahun 2008 - 2012 dan terakhir bulan Juni 2013 jumlah pemohon meningkat. Hal ini memunculkan dua pertanyaan. Pertanyaan, pertama adalah Faktor apa penyebab timbulnya perceraian di Pengadilan Agama Tulungagung? dan yang Kedua adalah, bagaimana Strategi Hakim Mediator dalam mencegah terjadinya perceraian di Pengadilan Agama Tulungagung?. Tujuan dari Penelitian ini adalah untuk menganalisis faktor penyebab perceraian pada Pengadilan Agama Tulungagung serta untuk menganalisa Strategi Hakim Mediator melakukan pendekatan kepada para pihak agar tidak terjadi perceraian.
Untuk mendapatkan pemahaman yang utuh tentang Strategi Hakim Mediator Dalam Mencegah Terjadinya Perceraian Di Pengadilan Agama Tulungagung ini, di perlukan metode yang mampu untuk menjawab rumusan masalah atau pertanyaan diatas, maka peneliti menggunakan metode kualitatif. Dengan Pendekatan penelitian tersebut bertujuan memperoleh data lebih lengkap, sesuai konsep Pendekatan penelitian kualitatif. Sedangakan untuk teknik pengumpulan datanya dengan menggunkan teknik observasi, wawancara mendalam, serta dokumentasi.
Dari hasil penelitian tentang Strategi Hakim Mediator Dalam Mencegah Terjadinya Perceraian, Studi Di Pengadilan Agama Tulungagung ini adalah, ada beberapa faktor yang menyebabkan orang mengajukan permohonan cerai di antaranya, faktor tidak adanya tanggung jawab suami terhadap keluarga, adanya Kekerasan dalam keluarga, tidak adanya keharmonisan di dalam keluarga, adanya faktor ekonomi atau kurangnya nafkah kepada istri, Serta adanya gangguan dari luar (Perempuan atau laki laki lain). Sedangkan untuk strategi Hakim Mediator dalam melaksanakan mediasi untuk mencegah terjadinya perceraian dengan menggunakan beberapa strategi atau pendekatan, di antaranya adalah pendekatan agama, pendekatan masa lalu atau mengingat masa-masa romantis, Pendekatan Matematis, dan Pendekatan Keluarga (anak atau orang tua) serta Pendekatan Psikologis kepada para pihak.
Dari kesimpulan dan temuan diatas, ada beberapa saran khususnya kepada Pengadilan Agama Tulungagung dan Mahkamah Agung yaitu, a) Pengadilan Agama Tulungagung perlu mendorong kepada Hakim Mediator untuk mengikuti pendidikan dan pelatihan khusus Mediasi. b) Mahkamah Agung perlu membuat buku saku khusus tentang petunjuk praktis pendekatan Mediasi untuk pegangan Hakim mediator atau mediator.
Kata Kunci: Hakim, Perceraian, Mencegah, Mediator.
MEDIATOR JUDGE'S STRATEGY IN PREVENTING DIVORCE
ABSTRACTThe Mediator Judge's Strategy in Preventing Divorce, Studies at the Tulungagung Religious Court is the title of this study, it is interesting to be appointed as a title, due to the high divorce rate every year in the Tulungagung Regency area, we can see in 2008 - 2012 and last June 2013 the number of applicants increases. This raises two questions. The first question is what are the factors that cause divorce in the Tulungagung Religious Court? and the second is, what is the strategy of the Mediator Judge in preventing divorce in the Tulungagung Religious Court?. The purpose of this study is to analyze the factors that cause divorce at the Tulungagung Religious Court and to analyze the Mediator Judge's Strategy to approach the parties so that divorce does not occur.To get a complete understanding of the Mediator Judge's Strategy in Preventing Divorce in the Tulungagung Religious Court, a method is needed that is able to answer the problem formulation or question above, the researchers used qualitative methods. With this research approach, it aims to obtain more complete data, according to the concept of a qualitative research approach. As for the data collection techniques using observation techniques, in-depth interviews, and documentation.From the results of research on the Mediator Judge's Strategy in Preventing Divorce, the Study at the Tulungagung Religious Court is, there are several factors that cause people to apply for divorce including, the factor of the husband's lack of responsibility towards the family, the existence of violence in the family, the absence of harmony in the family. in the family, the existence of economic factors or lack of living for the wife, as well as interference from outside (women or other men). As for the Mediator Judge's strategy in carrying out mediation to prevent divorce by using several strategies or approaches, including the religious approach, the past approach or remembering romantic times, the Mathematical Approach, and the Family Approach (child or parent) as well as the Psychological Approach. to the parties.From the conclusions and findings above, there are several suggestions, especially to the Tulungagung Religious Court and the Supreme Court, namely, a) The Tulungagung Religious Court needs to encourage Mediator Judges to take special education and training in Mediation. b) The Supreme Court needs to make a special pocket book on practical guidelines for the Mediation approach for the guidance of the mediator Judge or mediator. Keywords: Judge, Divorce, Prevent, Mediator.
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Mauliza, Nanda, and Edi Yuhermansyah. "Perceraian Pada Masa Pandemi Covid-19 di Mahkamah Syar’iyah Lhokseumawe." El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law 1, no. 2 (December 13, 2021): 172–84. http://dx.doi.org/10.22373/hadhanah.v1i2.1623.
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The Corona virus has changed aspects of married life. Divorce is currently booming because of the Covid 19 virus. Divorce occurs due to several factors, in general the trigger for divorce cases to increase is due to the Covid-19 pandemic. Covid-19 has had a significant impact on all aspects of life, including the divorce application that occurred at the Lhokseumawe Syar'iyah Court. This study aims to determine and analyze the increase in divorce requests during the Covid-19 Pandemic at the Lhokseumawe Syar'iyah Court and the factors causing the divorce, as well as the judge's efforts to reduce the occurrence of divorces affected by Covid-19 at the Lhokseumawe Syar'iyah Court. This study uses a qualitative approach with the type of field research. While the data collected in the form of primary and secondary data, the data obtained using direct interview techniques and documentation. To make it easier to check the data, in checking the validity of the data, the researcher uses the triangulation method. From this research, the writer gets several conclusions. The results of the study found that during the Covid-19 pandemic divorce cases at the Lhokseumawe Syar'iyah Court experienced an increase, but the cause of the divorce could not be stated specifically the impact that occurred due to the Covid-19 pandemic or these causes had occurred before the pandemic. . Divorce cases during the COVID-19 pandemic were caused by several factors and the dominant factors were economic factors, there was no harmony or constant bickering resulting in domestic violence, leaving one side behind, as well as the judge's efforts to reduce divorces affected by COVID-19. 19 at the Lhokseumawe Syar'iyah Court, namely through mediation.