scholarly journals PERSPECTIVE OF MEDIATION EFFECTIVENESS THEORY AS MAIN OPTIONS IN ORDER TO LOWER DIVORCE RATE

2021 ◽  
Vol 8 (2) ◽  
pp. 184
Author(s):  
Masrur Ridwan ◽  
Aryani Witasari ◽  
Ahmad Hadi Prayitno
Keyword(s):  
Supreme Court ◽  
Divorce Rate ◽  
Mediation Process ◽  
Early Age ◽  
Economic Problems ◽  
Five Elements ◽  
Divorce Rates ◽  
Mediation Effectiveness

The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in household cases have been pushed to take advantage of mediation institutions from an early age. The five elements according to effectiveness theory related to mediation as the main choice in suppressing the divorce rate well done.

scholarly journals The Adjudication of Marriage Disputes through Mediation at the Manado Religious Court

2020 ◽  
Vol 20 (2) ◽  
pp. 97-110
Author(s):  
Faradila Hasan ◽  
Nasruddin Yusuf ◽  
Moh. Muzwir R. Luntajo
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Divorce Rate ◽  
Mediation Process ◽  
The Supreme Court ◽  
The Government ◽  
Marital Disputes

Abstract: The phenomenon of marital disputes that often end in divorce has been a serious concern of the government, resulting in a regulation on mediation, namely the Regulation of the Supreme Court of Republic of Indonesia (PERMA) Number 1 of 2016. This regulation was made with the hope of reducing the divorce rate caused by marriage disputes. This article discusses the form of marriage dispute resolution at Manado Religious Court with a focus on one type of dispute resolution, namely mediation. This study uses an empirical juridical approach. The research was conducted at the Manado City Religious Court in 2017 and 2020. The result is that the mediation process has been carried out in accordance with the provisions of PERMA No.1 of 2016. However, there have been many obstacles. Thus, the efforts to reduce the divorce rate due to marriage disputes have not undergone significant changes. Keywords: mediation; marriage dispute; Manado religious court. Abstrak: Fenomena sengketa perkawinan yang sering berakhir pada perceraian menjadi perhatian serius dari pemerintah sehingga melahirkan aturan tentang mediasi yaitu Peraturan Mahkamah Agung RI (PERMA) No. 1 Tahun 2016. Aturan ini dibuat dengan harapan menekan angka perceraian yang diakibatkan oleh sengketa perkawinan. Artikel ini membahas mengenai bentuk penyelesaian sengketa perkawinan di Pengadilan Agama Manado dengan fokus pada salah satu jenis penyelesaian sengketa yaitu mediasi. Penelitian ini menggunakan pendekatan yuridis empiris. Penelitian ini dilakukan di Pengadilan Agama Kota Manado pada tahun 2017 dan tahun 2020. Hasilnya adalah proses mediasi sudah dilakukan sesuai dengan ketentuan PERMA No.1 Tahun 2016. Namun mengalami benyak kendala sehingga upaya untuk menekan angka perceraian akibat sengketa perkawinan belum mengalami perubahan yang signifikan. Kata-kata kunci: mediasi; sengketa perkawinan; pengadilan agama Manado.

scholarly journals Mediation in Marriage Disputes and Divorce (Analytical Study on the Application of Mediation in the Gorontalo Religious Court)

2021 ◽  
Vol 21 (2) ◽  
pp. 99-111
Author(s):  
Faradila Hasan ◽  
Yasin - ◽  
Fikri Amiruddin
Keyword(s):  
Supreme Court ◽  
Analytical Study ◽  
Divorce Rate ◽  
Mediation Process ◽  
The Supreme Court ◽  
The Republic ◽  
Marital Disputes ◽  
Religious Courts

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.

scholarly journals Who Reacts to Less Restrictive Divorce Laws?

2018 ◽  
Author(s):  
Peter Fallesen
Keyword(s):  
Time Series Data ◽  
Divorce Rate ◽  
Population Data ◽  
Married Couples ◽  
Series Data ◽  
High School Degree ◽  
Divorce Laws ◽  
Divorce Rates ◽  
A Minor ◽  
The Impact

Objective: To study how divorce behavior in Denmark changed following a July 2013 reform that repealed mandatory separation periods for uncontested divorces, instead allowing for immediate administrative divorce.Background: Most countries have mandatory separation periods that couples undergo before they can divorce. Separation allows couples a grace-period, during which they may reconcile and stay together. Yet, the impact of separation periods on divorce risk remains understudied. Methods: Using monthly time series data on divorce rates from 2007-2018 (T=144), the research brief estimates the size and shape of the policy impact of the July 2013 reform. Using monthly administrative population data on all ever-married couples (N*T=40,431,848) the study further calculates the average characteristics of married couples in Denmark who would have remained together absent the reform.Results: After an initial spike in the divorce rate driven by couples divorcing earlier, the divorce rate settled at a 9.7 percent higher level compared to pre-reform. Couples who divorced because of the reform had been married for fewer years, were ethnic Danish, and had high school degree as highest educational level.Conclusion: Mandatory separation periods keep a minor, but substantial, share of potential divorcees together.

scholarly journals Improving Factors of Divorce Rate in Sabang City

2019 ◽  
Vol 2 (3) ◽  
pp. 72-82
Author(s):  
Sulaiman Sulaiman ◽  
Muzakir Muzakir ◽  
Ema Syithah ◽  
Baharuddin Baharuddin ◽  
Ainon Mardhiah
Keyword(s):  
Domestic Violence ◽  
Field Research ◽  
Divorce Rate ◽  
Qualitative Approach ◽  
Family Needs ◽  
Library Research ◽  
Marriage Contract ◽  
Divorce Rates ◽  
The City ◽  
Descriptive Method

The purpose of this study was to look at the factor of increasing divorce rates in the city of Sabang. This research integrates library research and field research using a qualitative approach. This study uses. descriptive method of analysis The highest results of the study showed that the factor of increasing divorce in Sabang City was caused by; first, continuous disputes and disputes amounted to 80 cases, secondly, leaving one party numbered 38 cases, third, economic (family needs not met) as many as 9 cases, fourth, domestic violence in 5 cases, and fifth, sentenced to imprisonment ( involved in the use of narcotics) totaling 4 cases, the data is the data of the last three years. Whereas prevention efforts to avoid divorce are carried out by conducting marriage counseling conducted by the Office of Religious Affairs in the Sabang City area, at least one week before the implementation of the marriage contract, this guidance activity is mandatory for couples to marry, besides the Shari'ah Court of Sabang also conducted mediation with every party who filed a divorce or divorce divorce, out of the 63 cases of mediation cases that entered, only 5 cases of mediation were successfully mediated in the last three years and if the mediation attempt was unsuccessful a register was held to proceed to the trial stage.

scholarly journals INTEGRASI LEMBAGA PENYELESAIAN SENGKETA ALTERNATIF DALAM PROSES ACARA PERADILAN PERDATA: STUDI TENTANG PUTUSAN PENGADILAN YANG DI MEDIASI BERDASARKAN PERMA NOMOR 1 TAHUN 2008

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
AAN Roy Sumardika
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Negotiation Process ◽  
Third Party ◽  
Mediation Process ◽  
Peace Agreement ◽  
Legal Concept ◽  
Legal Remedy ◽  
The Law ◽  
Court Proceedings

Mediation process means dispute resolution through negotiation process for obtaining a peace agreement between the parties by using a third party in settling the dispute. Article 130 HIR/154 RBg determines peace efforts may use since the trial began before a judge hands down the dispute. Mediation as part of the Alternative Dispute Resolution is a process outside the court, but Indonesian Supreme Court Rules No. 1/2008 integrates it in the court proceedings and allows the mediation process at the level of legal remedy. So the problem investigated is the court decision re-mediated and the peace agreement mediation results. The method used normative legal research by Legislation Approach and to deepen the research study also use a Legal Concept Analysis Approach which is intended to establish a view and legal arguments in solving the problem at hand. Case that has been decided by the courts is not possible to re-mediated. The mediation process at the level of legal remedy is contrary to the law, especially the provisions of Article 130 HIR / 154 RBg. Indonesian Supreme Court Rules as rules are hierarchically under the law (HIR/RBg) not justified material being regulated substance exceeding material are governed by higher laws. So Indonesian Supreme Court Rules No. 1/2008 can not be a legal basis to regulate the integration of mediation into the docket particularly about mediation at the level of legal remedy because the principle of lex superiori derogat legi inferiori and the principle of lex specialis derogat legi generali not met.

scholarly journals PENERAPAN PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI MASA PANDEMI COVID 19. (STUDI DI PENGADILAN AGAMA KAB. KEDIRI)

2021 ◽  
Vol 6 (2) ◽  
pp. 117
Author(s):  
Emi Puasa Handayani ◽  
Zainal Arifin
Keyword(s):  
Supreme Court ◽  
Mediation Process ◽  
Legal Basis ◽  
Second Stage ◽  
The Third ◽  
The Supreme Court ◽  
Third Stage ◽  
Data Source ◽  
Three Stages ◽  
The Republic

This article is the outcome of research aimed at took two problems. First, what is the procedure for the mediation process in accordance with the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016. Second, how is the implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016, during the Covid 19 pandemic at the Kediri District Religious Court. The method used in this research is juridical empirical. The research steps taken were: First, the researcher visited the Kediri District Religious Court offi ce. To fi nd initial data, and interviewed the data source, then processed and presented according to the theory used. The theory used is the legal system. In essence, there are three components in law, namely substance, structure and culture (society). The research found two things, namely: fi rst, that Mediation based on the regulations of the Supreme Court is carried out in three stages, fi rst is pre-mediation, the second stage is the application of mediation and the third stage is the implementation of mediation. The second fi nding is that the implementation of Perma RI Number: 1 of 2016 concerning mediation during the Covid 19 pandemic at the Kediri District Religious Court deviates from the established legal basis. The judge still gave a verdict or sentenced him, even though the Petitioner did not come at the time of mediation on the grounds of the Covid 19 Pandemic.

scholarly journals Divorce in Malaysia: Historical Trends and Contemporary Issues

2021 ◽  
Vol 13 (4) ◽  
pp. 35-60
Author(s):  
Gavin W. Jones
Keyword(s):  
21St Century ◽  
Divorce Rate ◽  
Peninsular Malaysia ◽  
Historical Trends ◽  
Urban Populations ◽  
Urban Living ◽  
Community Acceptance ◽  
East Malaysia ◽  
Divorce Rates ◽  
Sabah And Sarawak

Divorce rates in Malaysia have risen substantially in the first two decades of the 21st century. The main upsurge was between 2007 and 2010, after which the rates levelled off. The Muslim divorce rate remains at a level more than double that of non-Muslims, though the trends in divorce have moved in the same direction for both groups. East Malaysia has its own patterns. Muslim divorce rates in Sabah are only half those in Peninsular Malaysia, as are non-Muslim divorce rates in both Sabah and Sarawak. Although information is not available for Malaysia about the proportion of Muslim divorces initiated by wives, for both Indonesia and Singapore, more than two thirds of Muslim divorces are initiated by the wife. Clearly, many similar forces are influencing divorce for both Muslims and non-Muslims in the predominantly urban populations of these three countries. “Modern divorce” is related to the pressures of urban living; pressures of balancing work responsibilities and household arrangements when both partners are working; decreasing tolerance for remaining in an unsatisfactory marriage; and increasing community acceptance of divorce in such circumstances. As similar pressures have been experienced by both Muslim and non-Muslim populations, the tendency for Muslim and non-Muslim divorce rates in Malaysia to move in parallel directions is not surprising.

scholarly journals Maqashid As-Ayariʻah sebagai Dasar Pengembangan Ekonomi Islam

2018 ◽  
Vol 20 (2) ◽  
pp. 167
Author(s):  
Nasitotul Janah ◽  
Abdul Ghofur
Keyword(s):  
Social Engineering ◽  
Narrative Form ◽  
Macroeconomic Policies ◽  
Human Welfare ◽  
Economic Problems ◽  
Economic Concept ◽  
Five Elements ◽  
Islamic Economic ◽  
The One ◽  
Paradigm Shifting

In contrast to the secular economy of capitalism and socialism, Islamic Economy is the one built on syariʻah bases, norms and divine transcendent values  in the divine revelation, the al-Qurʻan and the ḥadiṡ. In order to understand the essence of syariʻah, it is necessary to conduct shifting paradigm from a literalist approach merely  focusing on textual and legal meaning to a substantialist approach seeking to capture the moral  ideas and   the original meaning of the syariʻah beyond  the text,  which are trans-historical or transcendental being  and universal (general principle).  This paradigm shifting occurs as  the text is limited while the reality is infinite. Among the substantialist  approaches offered is  the use of maqashid syariʻah and mashlaḥah.  Maqashid syariʻah refers to the essence of God's intention (Law Giver), which is the most essential formulated into five elements, they are: حفظ الدين  (the religion keeping), حفظ النفس  (the soul keeping), حفظ العقل  (the intellect keeping), حفظ النسل (descendant keeping) and المال حفظ (the wealth keeping). Then, hierarchically, maqashid in classical theory is developed into 3 levels: الضرورية  (primary needs /basic  necessity), الحاجية  (secondary needs), and التحسينية  (tertiary needs). Under the argument of maqashid syariʻah,  this Islamic economic concept must be developed, therefore  on the one hand the Islamic economy will not lose its divine morality, but on the other hand it can also develop dynamically, progressively and even ready to handle the  contemporary economic problems. Based on the explanation above, this research is focused on what is the basic philosophy that is the basis of the formulation and development of Islamic economics? This research data is library. The data collection method uses the documentation method, namely: collecting, then reviewing the data collected. After the data is collected, the data is analyzed by reducing data, presenting data in narrative form, and drawing conclusions. This study concludes that the Islamic Economy is closely related to the maqashid syariʻah namely ḥifẓ al-mal. Maqashid syariʻah is the basis for the development of the Islamic economy because it aims at the goal of creating human welfare and happiness by balancing the circulation of property fairly and balanced both personally and socially. Understanding of maqashid syariʻah is a necessity in berijtihad to answer various economic problems. Understanding of maqashid syariʻah is not only needed to formulate macroeconomic policies, but also policies that are microeconomic. In the economic context, maqashid syariʻah has a dual role, namely: as a means of control as well as a social engineering tool to realize human equality. He provides a rational philosophical basis of economic activity. Without the maqashid syariʻah, the understanding and practice of Islamic economics will be narrow, rigid, static, and slow. Islamic economics will lose the spirit and substance of its shari'a. But on the contrary, with the maqashid syariʻah the Islamic economy develops elastic, dynamic, in accordance with the character of the Shariʻah Islam which is universal and relevant for all space and time

scholarly journals An Alternative Method of Forecasting Divorce Rates Based on the Parametric Sickle Model

2018 ◽  
Author(s):  
Nicholas H. Wolfinger
Keyword(s):  
Current Population Survey ◽  
Population Survey ◽  
Divorce Rate ◽  
Life Tables ◽  
Marital Instability ◽  
The Past ◽  
Current Population ◽  
Alternative Method ◽  
The Future ◽  
Divorce Rates

Demographers routinely predict that between 40 and 50 percent of new marriages will end in divorce. Based on life tables, these forecasts entail strong assumptions that current marriages will behave in the future like others did in the past. I use data from the 1995 June Marriage and Fertility Supplement of the Current Population Survey to test an alternative method of forecasting divorce rates: predictions based on the parametric sickle model of marital instability. The sickle model corresponds almost perfectly to completed marriage cohorts (30 year marriages unlikely to ever dissolve), but offered implausibly low divorce rate forecasts for newer marriages. It is therefore unlikely to be useful for forecasting divorce rates.

Perceraian dalam Keluarga Muslim di Jawa Barat

2018 ◽  
Vol 12 (2) ◽  
pp. 263-280
Author(s):  
Ramdani Wahyu Sururie ◽  
Harry Yuniardi
Keyword(s):  
Descriptive Analysis ◽  
Divorce Rate ◽  
Family Education ◽  
Analysis Method ◽  
West Java ◽  
Community Institutions ◽  
Divorce Rates ◽  
The Government ◽  
Lack Of Commitment ◽  
Religious Courts

This study aims to describe the causes of high divorce rates in Muslim families in West Java based on the decisions of the Religious Courts, and this study also aims to formulate a strategy to prevent the increase in divorce rates. This study uses descriptive analysis method with interview techniques, study documents on the decisions of the Religious Courts and literature studies. The results of this study indicate that the highest cause of divorce in the mulism family in West Java is due to economic factors, there is no harmony and no responsibility. Prevention strategies for increasing divorce rates in West Java need to be done systemically from top to bottom, starting from family education before marriage and during conflicts between husband and wife. Thus, it can be concluded that the cause of the high divorce rate in Muslim families in West Java is due to a lack of commitment and knowledge of the essence of marriage, which makes the marital bond in a Muslim family fragile. The strategy to prevent increasing divorce rates is done systemically involving various elements, namely the government, community institutions, and the Religious Courts.

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