Implementation of Mediation Effort For Settlement At The Class Ia Religious Court In Jayapura
), Fitri Ingratubun(2)
(1) Faculty of Law Doktor Husni Ingratubun Papua University, Jayapura, Indonesia
(2) Faculty of Law Doktor Husni Ingratubun Papua University, Jayapura, Indonesia
Corresponding Author
Abstract
Introduction: In handling cases, mediation is the most important series in the overall handling of judicial cases.
Purposes of the Research: This study uses field research, by looking at phenomena related to procedures for mediating in resolving family conflicts in the Religious Courts. Sociologically -idealistically , mediation can help conflicting parties to get justice and benefit through peaceful means , but empirically-realistically, mediation procedures to resolve family conflicts in the Class IA Court in Jayapura which lead to decisions so that the role of the mediator cannot function maximally.
Methods of the Research: This study aims to identify, study and analyze the implementation of mediation using a legal perspective and PERMA Number 1 of 2016 concerning Mediation Procedures in the District Court, and to find out, examine and analyze the effectiveness of the implementation of PERMA RI No. 1 of 2016 in the District Court in Jayapura.
Results of the Research: The results of this study can be concluded that the implementation of mediation in a positive legal and legal perspective in the Religious Courts in Jayapura, in its implementation as it should and can resolve family conflicts, can be judged to be less successful, due to family conflicts to the forum as a large mediation, although the process of This can result in a complete resolution of the problem to the fullest, in fact the troubled parties still do not accept a reason for making peace. When the family parties are involved in a conflict, it must be immediately reconciled peacefully based on the existing legal provisions.Keywords
DOI
10.47268/sasi.v29i4.1708
Published
2023-10-30
How To Cite
@article{SASI1708,
author = {Husni Ingratubun and Fitri Ingratubun},
title = {Implementation of Mediation Effort For Settlement At The Class Ia Religious Court In Jayapura},
journal = {SASI},
volume = {29},
number = {4},
year = {2023},
keywords = {Family; Conflict; Mediation; Justice},
abstract = {Introduction: In handling cases, mediation is the most important series in the overall handling of judicial cases.Purposes of the Research: This study uses field research, by looking at phenomena related to procedures for mediating in resolving family conflicts in the Religious Courts. Sociologically -idealistically , mediation can help conflicting parties to get justice and benefit through peaceful means , but empirically-realistically, mediation procedures to resolve family conflicts in the Class IA Court in Jayapura which lead to decisions so that the role of the mediator cannot function maximally.Methods of the Research: This study aims to identify, study and analyze the implementation of mediation using a legal perspective and PERMA Number 1 of 2016 concerning Mediation Procedures in the District Court, and to find out, examine and analyze the effectiveness of the implementation of PERMA RI No. 1 of 2016 in the District Court in Jayapura.Results of the Research: The results of this study can be concluded that the implementation of mediation in a positive legal and legal perspective in the Religious Courts in Jayapura, in its implementation as it should and can resolve family conflicts, can be judged to be less successful, due to family conflicts to the forum as a large mediation, although the process of This can result in a complete resolution of the problem to the fullest, in fact the troubled parties still do not accept a reason for making peace. When the family parties are involved in a conflict, it must be immediately reconciled peacefully based on the existing legal provisions.},
issn = {2614-2961}, pages = {717--739} doi = {10.47268/sasi.v29i4.1708},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1708}
}
Journal Article
Imam Jauhari, "Settlement of Domestic Disputes outside the Court according to Islamic Law", Kanun Journal: Journal of Legal Studies, Number 53, Year XIII, April 2011.
Karmawan, “Mediation Discourse and Efforts to Set it Up, in the Coordinate Journal Vol. XVI No. 1, April 2017.
Mariah SM Purba, “PERMA Reconstruction No. 1 of 2016 as an Alternative for Dispute Resolution in Court (Case Study at the Simalungun District Court)”, Samudra Justice Journal, Legal Journal, Vol. 13, No. 1, January-June 2018.
Book
Abdul Manan, Application of Civil Procedure Law in Religious Courts, Jakarta: Kencana Prenada Media, 2008.
Abu Ja‟far Bin Jarir Al-Tabari (W: 310), Tafsir Al-Tabari (Jami„ al Bayan Fi Ta‟wili al-Qur‟an), Juz 4, Beirut: Dar al-Kutub al-„Ilmiyah, 1999.
Achmad Ali, Sociology of Law: Empirical Studies of Courts, Cet. 1st, Jakarta: IBLAM Publishing Agency, 2004.
Bagir Manan, Religious Courts in the Perspective of the Chief Justice of the Supreme Court, Jakarta: Directory General of the Religious Courts Agency, 2007.
David Spencer and Michael Brogan, Mediation Law and Practice, Cambridge, Cambridge University Press, 2006.
Fatahillah A. Syukur, Judicial Mediation in Indonesia, Bandung: Mandar Maju, 2012.
Gunawan Widjaya, Business Law Series: Alternative Dispute Resolution, Jakarta, Raja Grafindo Persada, 2001.
Gemala Dewi, Civil Procedure Law for Religious Courts in Indonesia, Jakarta: Kencana Prenada Media, 2010.
Garry Groopaster, Negotiation and Mediation: A Guide to Negotiation and Dispute Resolution Through Negotiation. Jakarta: ELIPS Project. 1993.
Huala Adolf, International Dispute Settlement Law. Jakarta: Sinar Graphic, 2004.
J. Folberg and A. Taylor, Mediation: A Comprehensive Guide to Resolving Conflict without Litigation, Cambridge: Cambridge University Press, 1984.
Jimly Joseph Sembiring, How to Settle Disputes in Court (Negotiation, Conciliation & Arbitration). Jakarta: Visimedia, 2011.
John M. Echols and Hassan Shadily, English-Indonesian Dictionary, Jakarta: Gramedia Pustaka Utama, 2006.
Laurence Boulle, Mediation: Principle, Process, Practice, Sydney: Butterworths, 1996.
Lorna Gilmour, Penny Hand and Cormac Mc. Keown (eds), Collins English Dictionary and Thesaurus, Third Edition, Great Britain: Harper Collins Publishers, 2007.
Kaelan, Interdisciplinary Qualitative Religious Research Methods, Yogyakarta: Paradigma, 2010.
M. Yahya Harahap, Civil Procedure Law: Regarding Lawsuits, Trials, Confiscations, Evidence and Court Decisions, Jakarta: Sinar Graphic, 2008.
Marian Roberts, Mediation in Family Disputes: Principles and Practice, Ashgate Publisting Ltd, 2008.
Muksin Jamil, Managing Conflict Building Peace: Strategy Theory, and Implementation of Conflict Resolution, Semarang: Walisongo Media Center, 2007.
Mustika Zed, Library Research Methods, Jakarta: Obor Foundation, 2004.
Nurmaningsih Amrina, Alternative Mediation for Settlement of Civil Disputes in Court, Jakarta: Raja Grafindo Persada, 2011.
Rachmadi Usman, Options for Settling Disputes outside the Court, Bandung: Citra Aditya Bakti, 2003.
Syahrial Abbas, Mediation in Sharia Law, Customary Law, and National Law, Issue 2, Jakarta, Kharisma Putra Utama, 2009.
Takdir Rahmadi, Mediation: Dispute Resolution Through a Consensus Approach, Jakarta: Rajawali Pers, 2010.
Victor M. Situmorang, Peace and Refereeing in Civil Procedure Law, Jakarta: Bineka Cipta, 1993.
Yahya Harahap, Position of Authority and Procedure of the Religious Courts Law No. 7/1989. Jakarta: Sinar Garfika, 2007.
Thesis, Web Page, and Others
Fatahillah A. Syukur, “Behind Closed Doors: Family Dispute Settlement in Court Annexed Mediation in Indonesia”, in the Journal of Contribution Maters, ed PPIA, Indonesian Australian Student Association, Sydney: Australia, 2010.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Implementation of Mediation Effort For Settlement At The Class Ia Religious Court In Jayapura |
| 2. | Creator | Author's name, affiliation, country | Husni Ingratubun; Faculty of Law Doktor Husni Ingratubun Papua University, Jayapura; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Fitri Ingratubun; Faculty of Law Doktor Husni Ingratubun Papua University, Jayapura; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Family; Conflict; Mediation; Justice |
| 4. | Description | Abstract | Introduction: In handling cases, mediation is the most important series in the overall handling of judicial cases.Purposes of the Research: This study uses field research, by looking at phenomena related to procedures for mediating in resolving family conflicts in the Religious Courts. Sociologically -idealistically , mediation can help conflicting parties to get justice and benefit through peaceful means , but empirically-realistically, mediation procedures to resolve family conflicts in the Class IA Court in Jayapura which lead to decisions so that the role of the mediator cannot function maximally.Methods of the Research: This study aims to identify, study and analyze the implementation of mediation using a legal perspective and PERMA Number 1 of 2016 concerning Mediation Procedures in the District Court, and to find out, examine and analyze the effectiveness of the implementation of PERMA RI No. 1 of 2016 in the District Court in Jayapura.Results of the Research: The results of this study can be concluded that the implementation of mediation in a positive legal and legal perspective in the Religious Courts in Jayapura, in its implementation as it should and can resolve family conflicts, can be judged to be less successful, due to family conflicts to the forum as a large mediation, although the process of This can result in a complete resolution of the problem to the fullest, in fact the troubled parties still do not accept a reason for making peace. When the family parties are involved in a conflict, it must be immediately reconciled peacefully based on the existing legal provisions. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Faculty of Law Doktor Husni Ingratubun Papua University, Jayapura |
| 7. | Date | (YYYY-MM-DD) | 2023-10-30 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1708 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v29i4.1708 |
| 11. | Source | Title; vol., no. (year) | SASI; Volume 29 Issue 4, December 2023 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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