scholarly journals EKSISTENSI MEDIASI TERHADAP PERKARA PERCERAIAN DI WILAYAH PTA MAKASSAR

2018 ◽  
Vol 5 (1) ◽  
pp. 124
Author(s):  
Mahmud Hadi Riyanto
Keyword(s):  
Success Rate ◽  
Science Communication ◽  
Married Couples ◽  
Legal Principles ◽  
Low Level ◽  
Family Psychology ◽  
Mediator Role ◽  
Religious Courts

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

scholarly journals Plant-Based Mediation Contribution to the Settlement of Cases at the Court

2020 ◽  
Vol 8 (2) ◽  
pp. 300-312
Author(s):  
Abdul Mustopa
Keyword(s):  
The State ◽  
High Court ◽  
Legal Principles ◽  
Low Level ◽  
Trial Process ◽  
Family Psychology ◽  
Constitutional State ◽  
Civil Cases ◽  
Knowledge Communication ◽  
Online Mediation

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.

Failed predation in Late Ordovician gastropods (Mollusca) from Manitoulin Island, Ontario, CanadaThis article is one of a selection of papers published in this Special Issue on the theme The dynamic reef and shelly communities of the Paleozoic. This Special is in honour of our colleague and friend Paul Copper.

2008 ◽  
Vol 45 (2) ◽  
pp. 231-241 ◽  
Author(s):  
Jan Ove R. Ebbestad ◽  
Christopher A. Stott
Keyword(s):  
Success Rate ◽  
Late Ordovician ◽  
Size Class ◽  
Low Energy ◽  
Special Issue ◽  
Georgian Bay ◽  
Low Level ◽  
Shell Repair ◽  
Number Of Individuals ◽  
Selection Of

Shell repairs resulting from presumed failed predation are documented in gastropods from the Late Ordovician (Cincinnatian; Richmondian) mid-to-upper Kagawong Submember of the Georgian Bay Formation on Manitoulin Island, Ontario, Canada. The bryozoan–mollusc biota and associated sediments generally suggest nearshore, shallow (<10 m), low energy (lagoonal), and perhaps mesotrophic to eutrophic conditions. Two sample sets from this unit have been studied for shell repair. One of the more commonly applied estimates of shell repair frequencies involves division of the number of individuals with at least one scar by the total number of individuals in the sample (the Individuals with scars method). Using this calculation, 207 specimens of Lophospira trilineata Ulrich and Scofield yielded a shell repair frequency of 4.8%; in 28 specimens of Trochonemella sp. the shell repair frequency was 35.7%. Repairs in Trochonemella occur primarily in the larger size class, suggesting that a size refuge was achieved by this species. Low repair frequencies in L. trilineata suggest predation with a higher success rate or fewer encounters. This study demonstrates that the paradigm of a standardized low level of shell repair in Ordovician and Silurian gastropods is oversimplistic and a range of frequency rates can be expected.

scholarly journals MEDIATOR'S PERSUASIVE APPROACH IN MEDIATION PRACTICE: CASE STUDY OF DIVORCE AT GRESIK RELIGIOUS COURT

2021 ◽  
Vol 6 (1) ◽  
pp. 25-48
Author(s):  
Faridatul Hasanah
Keyword(s):  
Data Collection ◽  
Married Couples ◽  
Mediation Process ◽  
The Public ◽  
Divorce Mediation ◽  
Study Population ◽  
Religious Courts ◽  
Mediation Practice

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  

UPAYA MENINGKATKAN AKTIVITAS BELAJAR SISWA PADA MATA PELAJARAN AKIDAH AKHLAK DENGAN MENERAPKAN STRATEGI PEMBELAJARAN ROLE REVERSAL QUESTIONS KELAS IX MTS AL-MUTTAQIN PEKANBARU

2018 ◽  
Vol 2 (5) ◽  
pp. 803
Author(s):  
Ali Bosar
Keyword(s):  
Action Research ◽  
Data Collection ◽  
Student Learning ◽  
Success Rate ◽  
Learning Strategies ◽  
Role Reversal ◽  
Learning Activities ◽  
Low Level ◽  
High Category ◽  
Almost All

This research is motivated by the low level of learning activities in the akidah akhlah class IX MTs Al-MuttaqinPekanbaru. This study aims to improve the learning activities of morality through role reversal learningstrategies. The form of research is classroom action research. The subjects of this study were all students ofclass IX of MTs Al-Muttaqin Pekanbaru totaling 37 people. This research instrument consists of performanceinstruments and data collection instruments in the form of observation sheets of teacher activities and studentactivities. The results showed that the application of role revearsal questions learning strategies could increasethe activity of students in the Moral Akidah lesson as evidenced by an increase in learning activities prior to theaction to cycle I and cycle II. Before the actions are categorized as low with student learning activities a score of402 is in the very low category. And in the first cycle the first meeting got a score of 464 in the very low categoryand at the second meeting got a score of 643 in the low category. While at the first meeting the second cycle gota score of 782 in the high category and the second meeting increased with the acquisition of 928 in the very highcategory. And the success rate achieved is 89% or 928/1036 times 100 equals 89% of the total number ofstudents, meaning that almost all students have achieved predetermined success scores (minimum 75%). Basedon the results of the study, it can be concluded that the forwarding of role revearsal questions learning strategiescan improve the learning activities of the Akidah Akhlah subjects in grade IX MTs Al-Muttaqin Pekanbarustudents.

scholarly journals Influence of postoperative low-level laser therapy on the osseointegration of self-tapping implants in the posterior maxilla: A 6-week split-mouth clinical study

2015 ◽  
Vol 72 (3) ◽  
pp. 233-240 ◽  
Author(s):  
Borka Mandic ◽  
Zoran Lazic ◽  
Aleksa Markovic ◽  
Bojan Mandic ◽  
Miska Mandic ◽  
...  
Keyword(s):  
Success Rate ◽  
Low Level Laser Therapy ◽  
Low Density ◽  
Low Level ◽  
Low Level Laser ◽  
Level Laser ◽  
Posterior Maxilla ◽  
The Difference ◽  
Paired T Test

Background/Aim. Low-level laser therapy (LLLT) has been proven to stimulate bone repair, affecting cellular proliferation, differentiation and adhesion, and has shown a potential to reduce the healing time following implant placement. The aim of this clinical study was to investigate the influence of postoperative LLLT osseointegration and early success of self-tapping implants placed into low-density bone. Methods. Following the split-mouth design, self-tapping implants (n = 44) were inserted in the posterior maxilla of 12 patients. One jaw side randomly received LLLT (test group), while the other side was placebo (control group). For LLLT, a 637 nm gallium-aluminum-arsenide (GaAlAs) laser (Medicolaser 637, Technoline, Belgrade, Serbia) with an output power of 40 mW and continuous wave was used. Low-level laser treatment was performed immediately after the surgery and then repeated every day in the following 7 days. The total irradiation dose per treatment was 6.26 J/cm? per implant. The study outcomes were: implant stability, alkaline-phosphatase (ALP) activity and early implant success rate. The follow-up took 6 weeks. Results. Irradiated implants achieved a higher stability compared with controls during the entire follow-up and the difference reached significance in the 5th postoperative week (paired t-test, p = 0.030). The difference in ALP activity between the groups was insignificant in any observation point (paired t-test, p > 0.05). The early implant success rate was 100%, regardless of LLLT usage. Conclusion. LLLT applied daily during the first postoperative week expressed no significant influence on the osseointegration of selftapping implants placed into low density bone of the posterior maxilla. Placement of self-tapping macro-designed implants into low density bone could be a predictable therapeutic procedure with a high early success rate regardless of LLLT usage.

scholarly journals The Legal Status of Mut’ah Marriage in Indonesia

2021 ◽  
Vol 21 (3) ◽  
pp. 397
Author(s):  
Mimin Mintarsih ◽  
Lukman Mahdami
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Islamic Law ◽  
Married Couples ◽  
Legal Certainty ◽  
Bad Faith ◽  
Criminal Sanctions ◽  
Political Contribution ◽  
The Status ◽  
Religious Courts

Mut'ah marriages with contract marriages bring a dilemma to society. The society views that this is halal (lawful) and legal, but in essence it does not carry out rights and obligations. The problem of this paper is how do civil cases (of mut'ah marriage) get legal certainty so that the logic of "urgent" becomes a status that can protect the rights and dignity of married couples in Indonesia? The purpose of this paper is to analyze the status of mut'ah marriage law so that it does not become a political contribution in Indonesia. The research method used is normative juridical. The result of this research is that in relation to the basis for practice of mut'ah which is considered an emergency, it is clearly contrary to Islamic law because the real aim and purpose of marriage are permanent. Mut'ah actually destroys human civilization and ethics or implies bad faith. The harm will befall the offspring. Children who are born have no legal certainty because they are considered children born of adultery. This research concludes that mut'ah is contrary to the basic provisions of the Material Law of the Religious Courts on Marriage which strictly prohibits mut'ah marriages (Article 2 paragraph 2 of Law No. 1 Year 1974 concerning marriage), the criminal sanctions are regulated in the Draft Law on the Religious Courts of Marriage Article 39 because it is not recorded and Article 144 concerning sanctions against the perpetrator, and the marriage is null and void by law.

scholarly journals Bias Gender Dalam Perceraian (Studi Perbandingan antara Talak dan Cerai Gugat)

2004 ◽  
Vol 3 (2) ◽  
pp. 219
Author(s):  
Yayan Sopyan
Keyword(s):  
Married Couples ◽  
Strong Bound ◽  
Religious Courts

Islam respects the existence of marriage institutions and terms marriage as a strong bound (misthaqan ghaliza) that has to be looked after. However, Islam allows married couples who have some reasonable arguments to get a divorce albeit this is not a preferable deed. InIslam, divorce could be initiated by either husband (talaq) or wife (khulu'). This article is an attempt at discussing the question of divorce in Islam, focusing on the issues of talaq and khulu'. It then discusses how the divorce proceedings are implemented at Religious Courts in Indonesia.

scholarly journals PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA

2021 ◽  
Vol 6 (2) ◽  
pp. 101
Author(s):  
Mardalena Hanifah
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Secondary Data ◽  
Materials Processing ◽  
Mediation Process ◽  
Legal Research ◽  
Legal Principles ◽  
The Supreme Court ◽  
The Republic ◽  
Religious Courts

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. 

scholarly journals THE EFFECTIVENESS OF MEDIATION IN COMPLETING DIVORCE CASES IN JAMBI PROVINCIAL RELIGIOUS COURT

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Fitriyah Alkaff ◽  
A. Husein Ritonga ◽  
A. A. Miftah Miftah
Keyword(s):  
Supreme Court ◽  
Success Rate ◽  
Success Factors ◽  
The Supreme Court ◽  
Religious Courts

The accumulation of cases always increases from year to year. For this reason, the Supreme Court issued Supreme Court Regulation (Perma) No.1 of 2016 concerning mediation procedures in court, as an effort to reduce the number of cases that go to court, including divorce. but unfortunately mediation does not show the expected success rate in religious courts. This research reveals the failure and success factors of mediation in the Jambi religious court, the role of the mediator in resolving divorce cases and exploring the effectiveness of mediation in divorce cases. This research is located at the location of divorce cases, namely the Jambi City Religious Court, the Kuala Tungkal Religious Court and the Sarolangun Religious Court. The results of this study prove that; first, the mediation success rate is only 4%. The failure factor for mediation is the lack of judges as mediators, there is no incentive funds for mediators who succeed in reconciling the mediator who does not have sufficient skills in dealing with the parties. Second, the role of the mediator in resolving divorce cases is not only as a facilitator but as a catalyst, educator, supporter and psychiatrist depending on the case at hand.

EFEKTIFITAS MEDIASI DALAM MENYELESAIKAN SENGKETA PERCERAIAN (STUDY DI PENGADILAN AGAMA BUKITTINGGI DAN PENGADILAN AGAMA PAYAKUMBUH TAHUN 2015-2017)

2018 ◽  
Vol 1 (2) ◽  
pp. 314-334
Author(s):  
Rahmat Fauzi ◽  
Faisal
Keyword(s):  
Qualitative Analysis ◽  
Supreme Court ◽  
Success Rate ◽  
Court Case ◽  
Economic Factors ◽  
Legal Provision ◽  
Inhibiting Factors ◽  
The Supreme Court ◽  
Good Will ◽  
Religious Courts

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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