Implikasi mediasi bagi para pihak yang berperkara di Pengadilan Agama Malang

Rahmawati, Erik Sabti (2016) Implikasi mediasi bagi para pihak yang berperkara di Pengadilan Agama Malang. De Jure: Jurnal Hukum dan Syari'ah, 8 (1). pp. 1-14. ISSN 2085-1618

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Abstract

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.

Item Type: Journal Article
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012828 Islamic Family Issues & Mediation/Arbitration
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: Ramadhita Ramadhita
Date Deposited: 07 Feb 2017 11:15

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