Journal articles on the topic 'Religious mediation'
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1
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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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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Fielding, Stephen. "Mediation in the Church of England: Theology and Practice." Ecclesiastical Law Journal 13, no. 1 (December 13, 2010): 65–69. http://dx.doi.org/10.1017/s0956618x10000815.
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This paper1 addresses the practical aspects of mediation. Experienced mediators will know what mediations look like and feel like and need no reminding how effective mediation has become as a means of resolving disputes. My own practice as a mediator – which tends to focus on inheritance and probate disputes, where the emotional element is often highly toxic – has some parallels with the mediation of Church disputes where an understanding of and sensitivity to theology is crucial.
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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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Andrianto, Nanang, Syeh Assery, and Suhartono Suhartono. "MEDIASI SEBAGAI SALAH SATU ALTERNATIF PENYELESAIAN SENGKETA." National Conference on Applied Business, Education, & Technology (NCABET) 2, no. 1 (October 31, 2022): 192–200. http://dx.doi.org/10.46306/ncabet.v2i1.78.
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This study aims to understand and evaluate mediation as one of the factors for the achievement of the performance assessment of religious courts. The research method uses a descriptive qualitative approach with the data collection of interview, observation and documentation. The informants in the study were 3 who played a role in the mediation process at the Wates Religious Court in Yogyakarta. Data were analyzed by reduction, display, and verification. The results of the study found that (1) the success of mediation has not been maximized because there are partially successful and some are unsuccessful (2) factors inhibiting the mediation process are competency and discipline of the mediator in fulfilling the schedule. (3) Efforts to increase the success of mediation, namely by increasing the competence of the mediator and improving the discipline of the mediator. The leadership of the Religious Courts also needs to carry out monitoring and evaluation of the competence and discipline of the mediator and evaluate the mediation on an ongoing basis
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Husain, Sri Wahyuni. "Mediation Optimization in Gorontalo Religion Court." Al-Mizan 13, no. 2 (December 1, 2017): 204–26. http://dx.doi.org/10.30603/am.v13i2.854.
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This study aims to determine the optimization of the implementation of mediation in the Gorontalo Religious Court. This research is a field research with data collection methods in the form of observations, interviews and documentation. Data’s were analyzed using qualitative descriptive. The results of the study found that the implementation of mediation in the Gorontalo Religious Court was not yet fully optimal. Based on the cases decided by the Gorontalo Religious Court in 2016 totaling 1524 and entering the mediation process as many as 87 cases and only 1 case that was successfully mediated (0.1%). Factor failure of the mediation process because the mediation room facilities are still not efficient enough, because the parties to queue, even some mediator judges carry out mediation in the judge's room itself, there is no certified mediator as explained in the Minister of Religion Regulation (PERMA) Number 1 of 2016 about Procedure for Mediation at Court.
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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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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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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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Rizky, Rizky Kurniyana, and Muchamad Coirun Nizar. "TINGKAT KEBERHASILAN MEDIASI OLEH HAKIM DAN NON-HAKIM DI PENGADILAN AGAMA PURWODADI TAHUN 2019." ADHKI: Journal of Islamic Family Law 3, no. 1 (August 8, 2021): 69–82. http://dx.doi.org/10.37876/adhki.v3i1.47.
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In human life, conflicts that cannot be avoided often occur. Among the many conflicts or disputes are Islamic civil cases. As for the authority and duty to examine, hear and decide Islamic civil cases at the first level is the Religious Court. And all disputed cases that are submitted to the Religious Courts must first seek a way of conciliation through the mediation process. In a court there is a mediator who is in charge of leading a mediation process. Including the Purwodadi Religious Court, it has a mediator who comes from two elements, namely a mediator who comes from the judge's element and the mediator who comes from the non-judge element. The results of this study state that the mediation process at the Purwodadi Court during 2019 was carried out by judge mediators, namely during January to April and was carried out by non-judge mediators, namely during May to December. Meanwhile, the success rate of mediation carried out by non-judge mediators was higher at 4% when compared to the success rate of mediation by judge mediators which was only 2%. The difference in the level of success of the mediation by the two different mediators is certainly influenced by several factors, namely the mediator factor, the factors of the parties and their families and the factor of the community's mindset.
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Feng, Lu. "How Buddhism Plays a Role through Victim-Offender Mediation in Handling the Challenges of Crime in China’s Tibet." Religions 12, no. 9 (August 30, 2021): 699. http://dx.doi.org/10.3390/rel12090699.
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Religion plays a significant role in the way Western societies respond to criminal offenses. However, the research on how religion plays a role in handling the challenges of crime in non-Western countries is lacking. In this study I try to close this research gap by analyzing the victim-offender mediation in China’s Tibet, where influenced by religion, history and culture, a set of local solutions to control criminal offenses have traditionally been formed. Based on the field survey and second-hand information, I discuss how religious factors play a role in local victim-offender mediation in terms of the basis for mediation, mediator, mediation tactics, and guarantee for mediation agreement. While Buddhism acts as a form of self-control over the adherents of Buddhism, it works as a form of social control as well. Buddhist lama as the main mediator strategically uses Buddhist principles as mediation tactics in victim-offender mediation. After the mediation agreement is reached, religious ceremony is usually conducted as a guarantee. In conclusion I summarize the possible contribution of the research findings to the basic issues of restorative justice.
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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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Hoover, Stewart. "Mediation of Religious Meaning and Emerging Religious Sensibilities." State Religion and Church in Russia and Worldwide 38, no. 2 (2020): 159–83. http://dx.doi.org/10.22394/2073-7203-2020-38-2-159-183.
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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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Ahmad, Zulkarnain, Nila Sastrawati, and Ashar Sinilele. "Peranan Mediator dalam Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Makassar Kelas 1A." Iqtishaduna: Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syari'ah 2, no. 3 (December 30, 2020): 62. http://dx.doi.org/10.24252/iqtishaduna.v2i3.18829.
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AbstrakPenelitan ini dilakukan dengan tujuan untuk mengetahui peranan mediator dalam menyelesaikan sengketa ekonomi syariah melalui mediasi di Pengadilan Agama Makassar Kelas 1A, Jenis penelitian yang digunakan dalam penelitian ini adalah kualitatif yang berbentuk penelitian lapangan (field research), dengan menggunakan pendekatan secara empiris. Sumber data penelitian ini adalah data dan wawancara kepada hakim ekonomi syariah yang memiliki serfikat mediator di Pengadilan Agama Makassar kelas 1A. Hasil penelitian menunjukkan bahwa peranan dan proses mediator dalam penyelesaian sengketa ekonomi syariah sudah sesuai dengan ketentuan Perma Nomor 1 Tahun 2016. Proses dan peranan tersebut, yaitu melalui mediasi di Pengadilan Agama Makassar Kelas 1A, Dalam proses mediasi dilakukan dengan cara membuat resume kemudian kedua pihak menyampaikan dua isi pokok resume yaitu perkara yang sedang diperkarakan dan solusi tawaran untuk penyelesaian secara damai. Prosedur dan tahapan mediasi dalam perkara perdata pada umumnya, diatur dalam pasal 3 sampai pasal 14 peraturan mahkamah Agung RI No. 2 Tahun 2003 jo PERMA Nomor 1 Tahun 2008 tentang Prosedur mediasi di pengadilan, dan PERMA Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan. Mediasi di Pengadilan dibagi dalam dua tahap yaitu tahap pra mediasi dan tahapan pelaksanaan mediasi. Tahapan pramediasi adalah tahap dimana para pihak menunjuk mediator sebagai pihak ketiga yang akan membantu menyelesaikan sengketa mereka. Sehingga peranan mediator dala memediasi sengketa ekonomi syariah yaitu dengan dua cara, Hanya sebagai fasilitator yang mengatur kelancaran proses mediasi (facilitative approach).Kata Kunci: Mediator, Pengadilan Agama, Sengketa Ekonomi. AbstractThe type of research used in this study was qualitative. in the form of field research (field research), using an empirical approach. The data sources of this research are data and interviews with sharia economic judges who have a mediator certificate at the Class 1A Makassar Religious Court. The results show that the role and process of the mediator in settling sharia economic disputes are in accordance with the provisions of Perma No.1 of 2016. The process and role, namely through mediation at the Class 1A Makassar Religious Court, in the mediation process is carried out by making a resume then both parties submit the two main contents of the resume, namely the case being litigated and the solution offered for a peaceful settlement. The procedures and stages of mediation in civil cases in general are regulated in article 3 to article 14 of the Supreme Court Regulation No. 2 of 2003 in conjunction with PERMA Number 1 of 2008 concerning mediation procedures in court, and PERMA Number 1 of 2016 concerning Mediation Procedures in Courts. Mediation in court is divided into two stages, namely the pre-mediation stage and the mediation stage. The pre-mediation stage is the stage where the parties appoint a mediator as a third party who will help resolve their dispute. So that the role of the mediator in mediating Islamic economic disputes is in two ways, only as a facilitator who regulates the smoothness of the mediation process (facilitative approach).Keywords: Economic Dispute, Mediator, Religious Court.
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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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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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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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Siswajanthy, Farahdinny, Edi Rohaedi, and H. Abid. "Mediation as an Alternative Dispute Resolution in Religious Court Systems in Indonesia." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (October 21, 2019): 370. http://dx.doi.org/10.18415/ijmmu.v6i5.1121.
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Mediation is one of the most flexible alternatives of dispute resolution since mediating a dispute can be conducted through non-litigation means. In other words, it can be carried out by involving a complete absence of lawsuit in a court of law, or through litigation after the dispute is submitted to the court of law. The legal basis for mediation in the Supreme Court is regulated in the Supreme Court Regulations (Perma) Number 1 Year 2016 on The Procedure of Mediation in the Supreme Court as part of the revision process from the Supreme Court Regulations Number 1 Year 2008. In this case, the Supreme Court Regulations Number 1 Year 2016 has regulated various aspects of mediation, in which mediation is regarded as an obligation that must be carried out by litigators (civil dispute) in a court. If it is not implemented, the court’s decision will be null and void.
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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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Ilhami, Haniah. "REVITALIZATION OF BADAN PENASIHATAN, PEMBINAAN DAN PELESTARIAN PERKAWINAN (BP4) IN PERFORMING COURT-ANNEXED MEDIATION FOR MARITAL DISPUTES IN RELIGIOUS COURT IN D.I.YOGYAKART." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 29, no. 1 (May 31, 2017): 96. http://dx.doi.org/10.22146/jmh.18827.
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This research identify the revitalization of Badan Penasihatan, Pembinaan dan Pelestarian Perkawinan (BP4) after The 14th BP4 National Conference in 2009, in performing Court-annexed mediation for Marital Dispute at Religious Court in D.I. Yogyakarta. This research founds several institutional transformation of BP4 including the Legal Basis, Institutional Form, Institutional Relation with Ministry of Religious Affair, Employement/Management Provisions, and Financial Provisions. In Performing Court-annexed mediation. BP4 in D.I. Yogyakarta has been cooperating with 2 (two) Religious Courts, both in Wonosari and Yogyakarta through Memorandum of Understanding in form of cooperation in the placement of certified mediator from BP4 and cooperation in funding the certified mediators. All Mediators are bound by Regulation of The Supreme Court No. 1 year 2016 concerning Procedures of Court-annexed Mediation, related to Types of Cases Mediated, Mediator’s Fee, Venue of Mediation, Period of Mediation, and Mediator’s requirement.
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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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Sartika Dewi. "PROSES MEDIASI DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA KARAWANG DIHUBUNGKAN DENGAN PERATURAN MAHKAMAH AGUNG TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN." Justisi Jurnal Ilmu Hukum 5, no. 1 (September 1, 2020): 26–42. http://dx.doi.org/10.36805/jjih.v5i1.1268.
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Mediasi merupakan cara penyelesaian sengketa yang cepat, sederhana dan biaya yang ringan, mediasi merupakan penyelesaian sengketa dengan cara damai yang dibantu pihak ketiga yaitu mediator. Pelaksanaan mediasi dalam penyelesaian perkara perdata di Pengadilan pada hakikatnya merupakan bentuk implementasi dari musyawarah mufakat. Hal ini diatur dalam Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan. Tujuan dari penelitian ini adalah untuk mengetahui prosedur proses mediasi di pengadilan agama, faktor yang mempengaruhi dan sejauhmana keberhasilan proses mediasi dalam mencapai kesepakatan damai di Pengadilan agama. Metode yang digunakan dalam penelitian ini adalah Penelitian kualitatif yaitu dilaksanakan untuk membangun pengetahuan melalui pemahaman dan penemuan. Pendekatan penelitian kualitatif adalah suatu proses penelitian dan pemahaman yang berdasarkan pada masalah manusia. Hasil dari penelitian ini adalah proses dari mediasi terdiri dari Pra mediasi dan proses mediasi selama kurang lebih 30 hari. Faktor yang mempengaruhi proses mediasi diantarnya kualifikasi mediator, kepatuhan masyarakat, fasilitas, itikad baik para pihak
Kata kunci: Mediasi di Pengadilan, Perkara Perceraian, Pengadilan Agama Karawang
Mediation is a way of resolving disputes that is fast, simple and low cost, mediation is a peaceful settlement of disputes assisted by a third party, namely a mediator. The implementation of mediation in the settlement of civil cases in court is essentially a form of implementation of consensus agreement. This is regulated in the Supreme Court Regulation No.1 of 2016 concerning Mediation Procedures in Courts. The purpose of this study was to determine the procedures for the mediation process in religious courts, the factors that influence and the extent of the success of the mediation process in reaching a peace agreement in religious courts. The method used in this research is qualitative research, which is carried out to build knowledge through understanding and discovery. A qualitative research approach is a process of research and understanding based on human problems. The result of this research is the process of mediation consisting of pre-mediation and mediation process for approximately 30 days. The factors that influence the mediation process include the qualifications of the mediator, community compliance, facilities, and good faith of the parties.
Keyword: Mediation in Court, Divorce Case, Karawang Religious Court
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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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Olivier, Bert. "Women and Mediation in Religious Conflicts." Phronimon 18 (October 4, 2017): 79–94. http://dx.doi.org/10.25159/2413-3086/2317.
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The present article is an investigation into the possibility, raised by the research of both Shlain and Gilligan, in different contexts, that women have a distinctive capacity to ameliorate the kind of religiously motivated violence witnessed globally in the present era. To be able to make sense of the need for such intervention by women, the present global situation is first reconstructed with reference to recent, allegedly religion-motivated, so-called “terrorist†attacks, such as those in Paris, France. These attacks are placed in an interpretive framework provided by Huntington, on the one hand, and Hardt and Negri, on the other. More specifically, Huntington’s thesis is that we live in a time when global conflict will no longer occur on the same grounds as in earlier eras (e.g. ideological grounds like those of fascism or communism versus liberal democracy), but on cultural grounds instead, where religion will be the most important such cultural component motivating conflict. Hardt and Negri answer the question concerning the renewed prominence of religious fundamentalism by showing that this does not mark a return to a premodern condition, but is rather a postmodern phenomenon where cultures such as Islam reject the emergence of the new sovereign, supranational power, which they call “Empireâ€. It is against this backdrop that Shlain and Gilligan’s arguments concerning the specific predispositions of women towards mediation and intervention in situations of religious conflict must be seen. Shlain’s argument is that, since the earliest hunter-gatherer times women have concentrated on tasks that engage right-brain capacities such as nurturing and caring, while men focused on left-brain tasks that involve objectivity, logical thinking and dispassionate decision-making. While both genders have the same capacity to perform these different tasks, the one set became conventionally associated with women and the other with men, which has resulted in a predisposition on the part of women to perform these tasks. Gilligan provides confirmation of this claim from a different angle, namely the evaluation of children’s moral development. Her analysis of the respective reasoning of a boy and a girl who had to respond to a moral dilemma, shows that, contrary to the view that the boy displayed greater moral maturity than the girl by focusing on the question of justice, the girl displayed different priorities in her reasoning, namely her concern with human relationships. This is what led Gilligan to posit an “ethic of care†which is characteristically feminine. Considering the above it is therefore argued that women clearly possess a capacity for caring, empathy and nurturing that would be invaluable in situations of religiously motivated conflict, in which they should be encouraged to mediate.
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Henry, Richard S., Paul B. Perrin, and Erin R. Smith. "Religiosity, Religious Fundamentalism, Heterosexism, and Support for Lesbian and Gay Civil Rights: A Moderated Mediation Approach." Social Sciences 11, no. 4 (April 11, 2022): 174. http://dx.doi.org/10.3390/socsci11040174.
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Support for lesbian and gay (LG) civil rights has increased in recent decades, but heterosexism is still prevalent, particularly among highly religious populations. Evidence suggests, however, that it may not be affiliation, but rather conviction in one’s beliefs that relates to prejudicial attitudes. The aims of this study were to examine the relationships among religiosity, heterosexism, and level of support for LG civil rights, as well as potential moderating effects by religious fundamentalism. This study used Amazon’s Mechanical Turk (Mturk) to recruit a U.S. national sample (n = 407) to participate in an online survey. A mediation model was constructed with religiosity leading to heterosexism, which diminished support for LG civil rights. This mediation model was expanded into moderated mediations with three types of religious fundamentalism as moderators. Heterosexism fully mediated the relationship between religiosity and support for LG civil rights. A moderated mediation was observed for aspects of religious fundamentalism reflecting external authority and worldly rejection (but not fixed religion) such that the mediation was present only when participants had high levels of these types of religious fundamentalism. Despite the belief that religious people endorse higher levels of heterosexism and that this influences their support for LG civil rights, this is only true when religiosity is also coupled with fundamentalist belief systems reflecting external authority and worldly rejection.
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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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Raharjo, Wahyu Arif. "Ethical Issues in Religiously Affiliated Disputes: Sant’Egidio’s Mediation in Mozambique and Algeria." Politics and Humanism 1, no. 2 (December 26, 2022): 52–65. http://dx.doi.org/10.31947/jph.v1i2.23770.
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Despite its potential, the use of mediation as a conflict resolution mechanism in a religiously affiliated conflict entails a problem in terms of ethical challenges. Both religion and mediation carry its own ethical standards, where, if both collides, might jeopardizes the efficacy of mediation as conflict resolution tool. This article discusses in detail ethical challenges in mediation where religion persists in various manners. Religion might exist in the conflict (1) as the main ideologies of mediator and/or disputants, (2) as the substance being disputed and (3) in the use of religious values as peacemaking resources. Problems may arise in terms of impartiality, conflict of interest, sense of fairness and directiveness, however often it can be seen as situated concept of neutrality especially when the mediator possess profound understanding of the context. As an empirical proof, it is evident Sant’Egidio has faced problems in perception of impartiality, that affected result in both Algeria and Mozambique. This paper further suggests that appropriate pre-mediation assessment in determining the religious dynamic on the dispute is a crucial stage to tackle possible ethical problems to implement mediation in religiously affiliated conflict.
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Hariyanto, Erie, Moh Efendi, and Sulistiyawati Sulistiyawati. "Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 4, no. 1 (June 30, 2021): 115–24. http://dx.doi.org/10.24090/volksgeist.v4i1.4333.
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This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.
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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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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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Mustopa, Abdul. "Plant-Based Mediation Contribution to the Settlement of Cases at the Court." International Journal of Nusantara Islam 8, no. 2 (December 15, 2020): 300–312. http://dx.doi.org/10.15575/ijni.v8i2.12416.
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Mediation is one of the stages in the trial process. Mediation must be carried out by the parties, who are disputing civil cases in all areas of the judiciary. Mediation is a law, as the State of Indonesia is a state based on law. Article 1 of the 1945 Constitution is a constitution that regulates the form of the state of Indonesia as a constitutional state. The contribution of offline and online-based mediation to the settlement of cases in the regional courts of the Mataram Religious High Court when combined, the two seem to be insignificant in resolving cases, both offline and online mediation. The low level of success is due to the mediator factor and the factor of justice seekers. The mediator factor is assessed due to the lack of ability (skills) of the mediator, the mediator only carries out mediation according to formal legal principles, the mediator does not master role knowledge, communication science, family psychology which results in rigidity in carrying out mediation, if the mediator has multiple disciplines, of course it will spawn. better results of the implementation of mediation. The justice seeker factor is judged due to the lack of seriousness in participating in a mediation forum led by a mediator and each of them has adhered to its principles.
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King, Richard. "Mediation in Faculty Applications." Ecclesiastical Law Journal 8, no. 39 (July 2006): 475–78. http://dx.doi.org/10.1017/s0956618x00006773.
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Mediation is becoming widely used as an alternative means of resolving disputes that have hitherto been decided in court or by arbitration. Mediation typically involves the appointment of a third party neutral who works with the parties to explore with them how they can consensually resolve their dispute. Hallmarks of the process are (1) confidentiality, both in relation to communications between the mediator and each party and in relation to the judge or arbitrator who will hear the case if mediation is unsuccessful, and (2) the mediator's role as a facilitator of a negotiated agreement rather than an evaluator of the likely prospects of success of the parties.
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Hayati, Riska Fauziah, Busyro Busyro, and Bustamar Bustamar. "Mediation Effectiveness in Sharia Economic Dispute Settlement: Phenomenology in Bukittinggi Religious Court." Al Hurriyah : Jurnal Hukum Islam 6, no. 1 (August 1, 2021): 78. http://dx.doi.org/10.30983/alhurriyah.v6i1.4097.
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<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>
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Asamoah-Gyadu, Kwabena. "Mediating Power and Salvation: Pentecostalism and Religious Mediation in an African Context." Journal of World Christianity 5, no. 1 (2012): 43. http://dx.doi.org/10.5325/jworlchri.5.1.0043.
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Sukaenah, Sukaenah, Rusli Rusli, and M. Taufan B. "The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, no. 1 (August 1, 2020): 63–80. http://dx.doi.org/10.24239/ijcils.vol2.iss1.15.
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This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation marital disputes in the Religious Court. This study used qualitative research method. Data was gathered through observation, in-depth interviews, and documenta studies. Data were analyzed through data reduction, presentation, verification, and conclusion drawing. The results of the study shows that effectiveness of PERMA No. 1 of 2016 has been successfully implemented, but the regulation is not effective to reduce divorce rates. This is because the cases that have been reconciled are still few compared to failed mediation. The efforts carried out by the mediator to make mediation effective are merely to act as facilitators by explaining the purpose of mediation to litigants, providing facilities to carry out mediation and increasing the ability of mediators. Supporting factors: Implementation of Mediation based on PERMA Number 1 Year 2016 which is effective, Qualification of Mediators, Facilities, Community Compliance and cultural factors. Inhibiting factors includes technical factors such as mediator limitations, longer mediation time, non-technical factors includes lack of understanding for the parties about the importance of mediation.
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Sururie, Ramdani Wahyu. "Implementasi mediasi dalam sistem peradilan agama." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 12, no. 2 (December 31, 2012): 145. http://dx.doi.org/10.18326/ijtihad.v12i2.145-164.
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This study aimed at describing the background of the birth of the policy on mediation in the Religious of Court and to understand and identify the procedures, barriers and efforts to improve religious court settlement through mediation. The method used is descriptive research method analysis of mediation theory and implementation in the religious court. The study found a number of findings that can give significance to the development of science in the field of procedural law of religious courts, which ishlah theory that can be used as a grand theory to study dispute resolution and mediation triangle theory that can be used as an operational theory (applied theory) in seeing the success of mediation in the judiciary. As for the successful implementation of the policy of mediation can be done with a number of strategies.
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Bercovitch, Jacob, and Ayse Kadayifci-Orellana. "Religion and Mediation: The Role of Faith-Based Actors in International Conflict Resolution." International Negotiation 14, no. 1 (2009): 175–204. http://dx.doi.org/10.1163/157180609x406562.
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AbstractReligion has often been thought of as playing a crucial role in generating conflicts, particularly internal ones. While it may often be a source of conflict, its role in the overall peace process has all too often been overlooked. In this paper we emphasize the importance of religion and religious actors in the process of mediation. We examine the general conditions that facilitate mediation in international relations and assess how much these hold true in the case of faith-based mediation. We find that aspects such as legitimacy and leverage have a major impact on the success or failure of mediation. We examine how these factors manifest themselves in the case of religious mediators, and we show that legitimacy and leverage are still crucial to successful mediation but have a very different meaning and content in the case of religious actors. We explore the consequences of these differences and explain how religious mediation may work best in tandem with the more traditional forms of mediation.
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Trofimets, I. A. "The Principles of International Family Mediation." Lex Russica 75, no. 10 (October 18, 2022): 33–40. http://dx.doi.org/10.17803/1729-5920.2022.191.10.033-040.
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Mediation among alternative ways of dispute resolution, along with conciliation and negotiations, occupies priority positions, having shown its effectiveness in comparison with judicial and administrative forms of protection of the rights and legitimate interests. The attractiveness of mediation lies precisely in the simplicity and convenience of the procedure itself, a calm atmosphere of dialogue mediated by a mediator and the obligation to resolve the conflict fairly with due regard to the opinions of all parties involved. Mediation originated as a technique for the family law disputes resolution and it is still widely used for this category of disputes and for cross-border (international) intra-family conflicts as the optimal form of dialogue between conflicting family members. Fundamental principles of mediation — the guiding principles of construction — predetermine its attractiveness as conciliation prosedure. This social institution is based on voluntariness, confidentiality, impartiality and neutrality, applicability, decisions made by the participants themselves, availability of independent legal support for each of the participants, priority of the rights and legitimate interests of minors, understanding and taking into account cultural differences between family members, as well as special qualification requirements applied to international family mediators. In some cases, mediation really avoids seeking legal assistance from judicial and administrative authorities, and in some cases it accelerates the processes of proceedings involving representatives of judicial or executive authorities. For cross-border intra-family disputes, this approach is very relevant, since the international family mediator, while mediating, does not ignore cultural, religious and social differences between disputing family members. In addition, a mediation agreement does not become enforceable at its conclusion. A mediation agreement becomes enforceable only when confirmed by a court or notary, which provides it with the coercive force of the state.
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Riyanto, Mahmud Hadi. "EKSISTENSI MEDIASI TERHADAP PERKARA PERCERAIAN DI WILAYAH PTA MAKASSAR." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 5, no. 1 (June 8, 2018): 124. http://dx.doi.org/10.24252/jurisprudentie.v5i2.5435.
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Abstract Divorce cases in religious courts, must first be made to mediation, mediation is done to solve the problem to reconcile married couples. Based on the facts on the ground, although it has been done to the fullest by a mediator judge, the success rate of mediation is still low. The research’s aim was to analyze the cause of the low level of success in mediation. The research’s also aims the low level of mediation success is due to factors of mediators and factors of justice seekers. Mediator factors are assessed for lack of mediator skills, mediators only carry out mediation according to formal legal principles mediators lack the mastery of role science, communication science and family psychology. Justice seeker factors are assessed for lack of seriousness in mediation forums by mediator and each of whom has been adhering to the principle of divorce so difficult to pursue peace.Key Word : mediation, court, mediator, role, communication, psychology AbstrakPerkara perceraian di pengadilan agama terlebih dahulu wajib untuk dilakukan Mediasi, mediasi dilakukan untuk menyelesaikan masalah guna merukunkan pasangan suami istri. Berdasarkan fakta di lapangan, meskipun telah dilakukan secara maksimal oleh hakim mediator, ternyata tingkat keberhasilan mediasi masih rendah. Penelitian ini bertujuan untuk menganalisis penyebab rendahnya tingkat keberhasilan dalam mediasi. Hasil penelitian menunjukkan bahwa rendahnya tingkat keberhasilan mediasi disebabkan karena faktor mediator dan faktor para pencari keadilan. Faktor mediator dinilai karena kurangnya kemampuan kemampuan (skill) mediator, mediator hanya melaksanakan mediasi sesuai asas legal formal, mediator kurang menguasai ilmu peran, ilmu komunikasi dan ilmu psikologi keluarga. Faktor pencari keadilan dinilai karena kurang seriusnya dalam mengikuti forum mediasi yang dipimpin oleh mediator dan masing masing sudah berpegang teguh pada prinsip perceraian sehingga sulit untuk diupayakan damaiKata Kunci : mediasi, pengadilan, mediator, peran, komunikasi, psikologi
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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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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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Lizuardi, Amiril, Sudirman Sudirman, and Ahmad Izzuddin. "Iktikat Baik Para Pihak dalam Pelaksanaan Mediasi di Pengadilan Agama." Journal de Jure 9, no. 2 (December 30, 2017): 63. http://dx.doi.org/10.18860/j-fsh.v9i2.6807.
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<p class="isi">This article aims to describe the principle of good faith in the Supreme Court Regulation No. 1 of 2016 concerning Mediation in the Court while at the same time describing the implementation of the principle of good faith in the conduct of mediation in the Malang District Religious Court. This research is included in empirical research using a qualitative approach. The results of the discussion of this article indicate that Mediation is an inseparable part of the procedure in the Religious Courts as stipulated in the Indonesian Supreme Court Regulation Number 1 of 2016 concerning Procedure for Mediation in Courts. In the Republic of Indonesia's Supreme Court Regulation Number, 1 of 2016, the provisions of good faith in the implementation of mediation were added. The mediator has the authority to evaluate the intentions of the parties during the mediation.</p>Artikel ini bertujuan mendeskripsikan asas iktikad baik dalam Peraturan Mahkamah Agung RI Nomor 1 Tahun 2016 tentang Mediasi di Pengadilan sekaligus mendeskripsikan implementasi asas iktikad baik dalam pelaksanaan mediasi di Pengadilan Agama Kabupaten Malang. Penelitian ini termasuk dalam penelitan empiris dengan menggunakan pendekatan kualitatif. Hasil pembahasan artikel ini menunjukkan bahwa Mediasi merupakan bagian yang tidak dapat dipisahkan dari prosedur beracara di Pengadilan Agama sebagaimana diatur dalam Peraturan Mahkamah Agung RI Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Dalam Peraturan Mahkamah Agung RI Nomor 1 Tahun 2016 ditambahkan tentang ketentuan iktikad baik dalam pelaksanaan mediasi. Mediator memiliki wewenang untuk melakukan penilaian terhadap iktikad para pihak selama pelaksanaan mediasi.
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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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Widiyanto, Hari. "Mediasi Sengketa Waris di Pengadilan Agama Purworejo: Studi Putusan Nomor: 1081/Pdt.G/2019/PA.Pwr." SYARIATI 6, no. 01 (June 26, 2020): 115–26. http://dx.doi.org/10.32699/syariati.v6i01.1245.
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This paper discusses the process of resolving inheritance disputes through the mediation process in the Purworejo religious court, in this paper the author aims to reveal the effectiveness of dispute resolution through the mediation process, this research uses an empirical juridical method and analysis of the results of the religious court judge's decision through a copy of the peace certificate number: 1081 /Pdt.G/2019/PA.Pwr.
The mediation step is an obligation for the judge to offer to the parties to the dispute, because mediation is expected to be an alternative non-legal litigation in order to reduce the pile of cases in religious courts and minimize the costs incurred by the disputing parties.
Mediation conducted by the purworejo religious court judges and advocates for legal counsel from the LBH Sakti office on inheritance disputes between the defendant and the plaintiff resulted in a peaceful decision by issuing a peace deed on Wednesday 5 February 2020 in an open session.
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Reutter, Kirby K., and Silvia M. Bigatti. "Religiosity and Spirituality as Resiliency Resources: Moderation, Mediation, or Moderated Mediation?" Journal for the Scientific Study of Religion 53, no. 1 (March 2014): 56–72. http://dx.doi.org/10.1111/jssr.12081.
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Lukito, Ratno. "Religious ADR: Mediation in Islamic Family Law Tradition." Al-Jami'ah: Journal of Islamic Studies 44, no. 2 (December 30, 2006): 325. http://dx.doi.org/10.14421/ajis.2006.442.325-346.
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Mediasi adalah salah satu metode resolusi konflik yang banyak menjadi kajian dalam studi Alternative Dispute Resolution (ADR), atau Resolusi Konflik Alternatif). Kelebihan dari teori ini terletak pada metodenya yang sepenuhnya menyerahkan proses resolusi tersebut kepada para pihak yang sedang konflik. Mediator dengan demikian sekadar memfasilitasi proses resolusi tersebut agar berjalan dengan baik. Keputusan akhir tetap berada pada para pihak yang berkonflik. Namun begitu, selama ini kajian mengenai mediasi ini tidak pernah melibatkan nilai-nilai agama. Sistem ilmu mengenai hal ini lahir dari masyarakat sekuler sehingga dilihat sebagai subjek yang terpisah dari kajian agama. Penulis berpendapat bahwa sejatinya banyak nilai-nilai yang sudah ditawarkan oleh agama terkait mediasi ini. Islam sebagai contoh telah menawarkan metode mediasi sebagai salah satu sarana dalam pencapaian perdamaian, khususnya dalam hal konflik keluarga. Dalam tulisan ini penulis mendeskripsikan tentang teori umum mediasi dalam sistem keilmuan ADR dan kemudian menghubungkannya dengan tradisi mediasi dalam masyarakat Islam yang diambil dari Quran 4:35. Dalam argumentasinya penulis mengemukakan bahwa interpretasi terhadap ayat tersebut dengan menggunakan teori-teori mediasi modern sangat penting untuk dilakukan, sehingga implementasi teori mediasi Islam dapat lebih ditingkatkan efektifitasnya.
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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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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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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.