IMPLEMENTATION OF MEDIATION IN AN EFFORTS TO SETTLE ISLAMIC FAMILY LEGAL DISPUTES IN THE PEMATANGSIANTAR RELIGIOUS COURT
DOI:
https://doi.org/10.70321/ijslcj.v2i1.84Keywords:
Mediation, Islamic Family Law, Pematangsiantar Religious Court, Mediation Effectiveness, Public Awareness.Abstract
This study examines the effectiveness of mediation in resolving Islamic family law disputes in the Pematangsiantar Religious Court. Using a qualitative approach, this study analyzes data obtained from observations, interviews, and literature studies related to mediation practices in Indonesia. The results of the study indicate that although mediation has been integrated into the judicial system through Supreme Court Regulation (Perma) No. 1 of 2016 concerning Mediation Procedures, there are still various obstacles that reduce its effectiveness. These obstacles include limited mediator skills, lack of motivation and incentives for mediators, and low public awareness of the benefits of mediation. This study also highlights the importance of training and certification for mediators to improve the quality of mediation and the need for educational campaigns to raise public awareness. The conclusion of this study emphasizes the need for a multi-faceted strategy to improve the effectiveness of mediation in religious courts, which focuses not only on legal and procedural aspects but also on increasing mediator capacity and active community participation. This study contributes to a deeper understanding of mediation as an alternative to resolving Islamic family law disputes and proposes a more holistic approach to implementing mediation in Indonesian religious courts.
Downloads
References
Fatmawati, Irma, Rahul Ardian Fikri, Mhd Azhali Siregar, and Nabilah Syaharani. 2024. “The Existence Of Customary Law In Domestic Violence Mediation: Harmonization Between State Law And Customary Law.” Sehasen Law Journal 10 (2): 699–706.
“Legal Analysis of Insolvency in Bankruptcy (Normative Study of Article 2 Paragraph 1 of Law No. 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations).” Kertha Semaya 3 (2): 687–704.
Indra Utama Tanjung. 2024. BASICS OF LEGAL RESEARCH METHODS. Karanganyar: CV Pustaka Dikara). https://scholar.google.com/citations?view_op=view_citation&hl=id&user=rToGqjUAAAAJ&cstart=20&pagesize=80&citation_for_view=rToGqjUAAAAJ:Wp0gIr-vW9MC.
Nugroho, Dendy Prasetyo. 2018. “Contribution of Islamic Criminal Law to the Concept of Criminal Mediation in National Criminal Law Reform.” Islamic University of Indonesia.
Nurjannah, Tika, and Firman Muin. 2016. “Resolution of Double Land Title Certificate Disputes (Case Study at the Makassar State Administrative Court).” Journal of Law 3 (12).
Perdana, Surya, Riza Zarzani, and Ahmad Fauzi. 2018. “Design of a Child Criminal Justice Model Based on Penal Mediation.” Collection of Research and Community Service of Lecturers 1 (1).
Puspitaningrum, Sri. 2018. “Mediation as an Effort to Resolve Civil Disputes in Court.” Legal Spectrum 15 (2): 275–99.
Rahmah, Dian Maris. 2019. “Optimizing Dispute Resolution Through Mediation in Court.” Bina Mulia Law Journal 4 (1): 1–16.
Saladin, Tomi. 2017. "Application of Mediation in Resolving Cases in Religious Courts." Court: Journal of Islamic Law Studies 2 (2).
Sepatia, Ribka, T Riza Zarzani, and Melki Purba. 2022. “LEGAL ANALYSIS OF CRIMINAL RESPONSIBILITY FOR WEBSITE CREATORS USED FOR ONLINE GAMBLING (Analysis of Decision No. 852/Pid. Sus/2020/PN. Mdn).” RECTUM JOURNAL: Legal Review of Criminal Action Handling 4 (2): 430–42.
Siregar, Abdul Rahman Maulana, Redyanto Sidi, Rahul Ardian Fikri, and Elbina Theresa. 2024. “Mediation as an Effective Alternative in Resolving Health Disputes.” In 1St International Conference Epicentrum of Economic Global Framework, 1:169–204.
Siregar, Mhd Azhali, Rahul Fikri Adrian, and Muhammad Juang Rambe. 2023. “EXAMINING THE JOURNEY OF THE BIRTH OF THE CONCEPT OF THE CRIMINAL LEGAL SYSTEM AND CRIMINAL LAW IN INDONESIA.” Tahta Media Publisher.
Syarief, Elza. 2014. Resolving Land Disputes Through Special Land Courts. Gramedia Popular Literature.
Syarifah, Umaiyatus. 2015. "The Role and Contribution of Nashiruddin Al-Albani (d. 1998) in the Development of Hadith Science." History 1 (1): 1–18.
Wibawa, DGYP, and IGAAA Krisnawati. 2019. “Mediation Efforts in Resolving Copyright Infringement Disputes.” Kertha Wicara Journal, Faculty of Law, Udayana University 8 (01): 1–15.
Zebua, Frans Rudy Putra, Iman Jauhari, and Taufik Siregar. 2008. “Responsibility of Corruption Crime Perpetrators and Their Heirs in Payment of Compensation for State Financial Losses Reviewed from a Civil Law Aspect (Case Study at the Medan District Court).” Mercatoria Journal 1 (2): 150–62.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Muliadin , T. Riza Zarzani , Andoko
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
