WAQF CONFLICT RESOLUTION THROUGH MEDIATION (ISLAMIC AND BUGIS NORM PERSPECTIVE)

The purpose of this study is to identify the causes of disputes and to describe the dispute resolution process through non-litigation mediation in Islamic and Local Norm Perspective. The type of research that compilers use is field research, namely by obtaining data from interviews, observations, and related file searches. Furthermore, this research is supported by library research as a complement. The approach in this study is a juridical-empirical approach.The results of the study concluded that The dispute that occurred was related to the status of the land that was built on top of the Madrasah DDI Labukkang. The cause of the dispute is based on two theories, the theory of Principle negotiation and the Theory of basih human needs. The mediation process is carried out through 3 stages. First is pre-mediation. Mediation conducts the plans related to the preparation of mediation. Second is the execution of mediation. The mediator presents the disputing parties, gives an opportunity to all parties to provide information. The last is the emplementation of mediation. From the syariah perspective, the mediation complies with the 12 basic principles in Islamic Mediation. From the Bugis Norms, it complies with the five norms called pangngadareng.

Download Full-text

The Role of Alternative Dispute Resolution in Trans-Boundary Land Dispute: The Case of Ikot Idaha and Osuk Ediene Communities in Akwa Ibom State, Nigeria

The Nigerian Journal of Sociology and Anthropology ◽

10.36108/njsa/9102/71(0250) ◽

2019 ◽

Vol 17 (2) ◽

pp. 68-78

Author(s):

R.E Ukpong-Umo ◽

I.U Udobia ◽

A.O Agwu

Keyword(s):

Conflict Resolution ◽

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Monitoring And Evaluation ◽

Mediation Process ◽

Interview Method ◽

Land Dispute ◽

The People ◽

Content Analysis Method ◽

Border Conflicts

The perennial land dispute of Ibime Water Trench, a trans-boundary land area between Ikot Idaha and Osuk Ediene Communities in Ikono Local Government Area of Akwa Ibom State has led to discord, hatred and dissonance over several years in the past. Despite repeated efforts by both parties to identify and resolve the underlying issues and contain the problem, it was found to have recurred after a period of seeming calm. This paper therefore aims at investigating and identifying the underlying factors that trigger recurrent trans-border conflicts between Ikot Idaha and Osuk Ediene Communities and the application of Alternative Dispute Resolution (ADR), using the Mediation Technique in conflict resolution. Data were elicited through the indept interview method and analysed using the content analysis method. Result shows that through the Mediation process, both disputing parties were able to resolve their differences and have been living and sharing in the Ibime water resources together and peacefully for over thirty years. In line with the theory of Conflict Resolution, the development of Impact Sensitive Outcome Mapping as a form of monitoring and evaluation was adopted to serve as an intervention to proffer a lasting solution for a peaceful coexistence among the people of both communities.

Download Full-text

Sen, justice and the private realm of dispute resolution

International Journal of Law in Context ◽

10.1017/s1744552317000325 ◽

2017 ◽

Vol 14 (3) ◽

pp. 353-373

Author(s):

Debbie De Girolamo

Keyword(s):

Dispute Resolution ◽

Mediation Process ◽

Civil Justice ◽

Resolution Process ◽

Private Realm ◽

Dispute Resolution Process ◽

Popular Justice ◽

Substantive Justice ◽

Ethnographic Data

AbstractThe attainment of justice through a private dispute-resolution process, such as the mediation process, is an elusive objective. With the prominent place mediation has been given in civil justice, debates about the ability of mediation to deliver substantive justice are relevant, particularly when proponents of the process argue that mediation offers some form of justice to its participants, while critics argue that it provides no justice. This paper explores the issue of justice in the private dispute-resolution process of mediation and its ability to deliver a substantive form of justice (rather than procedural or popular justice, which is often seen as the type of justice, if any, that is provided by mediation). It does so through an analysis of ethnographic data of the mediation process using Amartya Sen's justice framework set out inThe Idea of Justice.

Download Full-text

Workplace Mediation in Ireland: Bridging the Research-Practice Gap

Journal of Mediation & Applied Conflict Analysis ◽

10.33232/jmaca.2.1.5835 ◽

2015 ◽

Vol 2 (1) ◽

pp. 175-186

Keyword(s):

Dispute Resolution ◽

Institutional Context ◽

Mediation Process ◽

Research Practice ◽

Research Project ◽

Workplace Conflict ◽

The Core ◽

Resolution Process ◽

Practice Gap ◽

Mediation Practice

The purpose of this article is to present a case for the importance of research in informing mediation practice specifically in the context of the management of workplace conflict in Ireland. The position of mediation within the broader dispute-resolution framework is clarified at the outset and the core mediation process is described. The increasing use of mediation in Ireland and the changing institutional context within which it is conducted are discussed. The importance of research is stressed along with crucial methodological challenges. The paucity of workplace mediation research in Ireland is highlighted and the preliminary findings of an on-going research project are presented. The article concludes that more research into workplace mediation in Ireland is needed to inform practice in this area and to improve external perception of the legitimacy of mediation as a dispute resolution process

Download Full-text

STUDI FIKIH DI PERGURUAN TINGGI: Kajian Model Pembelajaran Andragogi

ULUL ALBAB Jurnal Studi Islam ◽

10.18860/ua.v18i2.4440 ◽

2018 ◽

Vol 18 (2) ◽

pp. 239

Author(s):

Rosidin Rosidin

Keyword(s):

Islamic Law ◽

Real Life ◽

Field Research ◽

Learning Model ◽

Basic Principles ◽

Library Research ◽

Life Problems ◽

Study Results ◽

Principles Of Andragogy ◽

Alternative Solutions

Constraints often encountered by lecturers in educating students is still attached pedagogical mentality like students of secondary education; has not moved on andragogical mentality like a college student. These constraints can be found in the context of basic principles of andragogy. As a library research, this paper examines the data sources in the form of literature relevant to Islamic law (fiqh) studies and andragogy (adult education). The study results in six models of andragogical learning for the development of Islamic law (fiqh) courses in higher education. First, the learning model of “learn how to know” that emphasizes aspects of epistemology to increase students’ curiosity (need to know). Second, independent learning model that emphasizes student activeness in learning. Third, experiential based learning model, especially literature and field research practice, to foster inclusive thinking. Fourth, actual life-based learning model, either related to worship or muamalat. Fifth, contextual learning model to find alternative solutions to real life problems from the perspective of Islamic law (fiqh). Sixth, the learning model to develop students’ intrinsic motivation.

Download Full-text

Problematika Pendaftaran Partai Politik Peserta Pemilu di Era Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum

Jurnal Wacana Hukum ◽

10.33061/1.jwh.2019.25.2.3035 ◽

2019 ◽

Vol 25 (2) ◽

pp. 78

Author(s):

Faizi Zain ◽

Udiyo Basuki

Keyword(s):

Law Enforcement ◽

Dispute Resolution ◽

Field Research ◽

Research Field ◽

Election Law ◽

Normative Approach ◽

Legal Remedies ◽

Library Research ◽

The Supreme Court ◽

Taking Action

AbstractThe birth of Law Number 7 of 2017 concerning Elections strengthens the position of the Election Supervisory Body in enforcing election law. In addition to election crimes, other powers he has are taking action and deciding administrative violations, even though the authority is the authority of the State Administrative Court. This study is a combination of library research (library research) and field research (field research) that are descriptive analytical. The approach used is a normative approach. This study attempts to answer two questions; how to settle the election dispute process, and how the electoral dispute law enforcement system in Indonesia. The results showed that the authority to decide on dispute resolution in the electoral process was in Bawaslu whose decision was final and binding, but in practice legal remedies were made to the Administrative Court of Negarab and ended at the Supreme Court through appeals, appeals and judicial review.AbstrakLahirnya Undang-Undang Nomor 7 Tahun 2017 tentang Pemilu menguatkan posisi Badan Pengawas Pemilu dalam menegakkan hukum pemilu. Selain tindak pidana pemilu, kewenangan lain yang dimilikinya adalah menindak dan memutus pelanggaran administrasi, padahal kewenangan tersebut merupakan kewenangan Peradilan Tata Usaha Negara. Penelitian ini merupakan kombinasi dari penelitian kepustakaan (library research) dan penelitian lapangan (field research) yang bersifat deskriptif analitis. Adapun pendekatan yang dipakai adalah pendekatan normatif. Penelitian ini berusaha menjawab dua pertanyaan; bagaimana penyelesaian proses sengketa pemilu, dan bagaimana sistem penegakan hukum sengketa pemilu di Indonesia. Hasil penelitian menunjukkan bahwa kewenangan memutus penyelesaian sengketa proses pemilu berada di Bawaslu yang putusannya bersifat final dan mengikat, akan tetapi pada prakteknya dilakukan upaya hukum ke Pengadilan Tata Usaha Negarabdan berakhir di Mahkamah Agung melalui banding, kasasi dan peninjauan kembali.

Download Full-text

MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION: LEGAL ANALYSIS, FOREIGN PRACTICE, AND PERSPECTIVES IN RUSSIA

Humanities & Social Sciences Reviews ◽

10.18510/hssr.2019.76124 ◽

2019 ◽

Vol 7 (6) ◽

pp. 826-829

Author(s):

Lilia A. Sungatullina ◽

Robert R. Izmailov ◽

Andrey V. Mikhaylov

Keyword(s):

Public Relations ◽

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Legal Regulation ◽

Alternative Methods ◽

Mediation Process ◽

Legal Analysis ◽

Basic Principles ◽

Foreign Experience ◽

Corporate Business

Purposes: The article is devoted to the analysis of legal problems of mediation as an alternative way to resolve disputes. The article examines the Russian and foreign experience in the legal regulation of mediation. Methodology: The use and adaptation of foreign experience in applying the mediation procedure are aimed at increasing the speed of dispute resolution, the level of confidentiality and the ability to maintain partnerships. The authors suggest ways to improve the effectiveness and applicability of this procedure in practice. According to Sungatullina L.A., it seems efficient and promising to use alternative methods for resolving disputes in general and to apply the mediation procedure in particular. Izmailov R.R. He believes that the experience of using mediation techniques has shown its effectiveness in resolving various categories of disputes: labor, family, corporate, business conflicts, as well as in the field of housing relations. Mikhailov A.V. notes that the effectiveness of the mediation process largely depends on the implementation at all stages of the basic principles. Results: The authors conclude that it is advisable to apply mediation to disputes arising from administrative and other public relations. As one of the ways to improve the legislative regulation of mediation, it is proposed to consider the possibility of introducing a notarial certification of mediation agreements. Implications/Applications: Alternative dispute resolution is a set of procedures that facilitate non-judicial dispute resolution. In English practice, it is indicated by the steady turnover of Alternative dispute resolution (hereinafter - ADR). Different non-judicial forms of resolution of a case are referred to ADR in different countries. As a rule, three well-known forms are called: arbitration, mediation, and negotiations. Novelty/Originality: The novelty of this study in classifying the mediation techniques.

Download Full-text

The Implementation of Supreme Court Regulations Number 1/2016 Concerning The Procedure of In-Court Mediation on Economy Sharia Dispute (A Case Study in Blitar Religious Court)

Khatulistiwa ◽

10.24260/khatulistiwa.v9i2.1481 ◽

2020 ◽

Vol 10 (1) ◽

pp. 20-42

Author(s):

Kutbuddin Aibak

Keyword(s):

Supreme Court ◽

Dispute Resolution ◽

Mediation Process ◽

Resolution Process ◽

Dispute Resolution Process ◽

The Supreme Court ◽

Court Mediation

The sharia economic dispute resolution process in Indonesia has two paths which can be taken by litigants, namely litigation in court and non-litigation. This research was motivated by sharia economic dispute cases handled by Blitar Religious Court which were carried out through a mediation but failed. The failure of this mediation process and the factors behind the failure are important issues to be studied. Consequently, Supreme Court Regulation No. 1/2016 becomes important to be used as the basis of analysis, whether this regulation has been implemented or not. Therefore, this study aims to describe and analyze the implementation of the Supreme Court Regulation Number 1/2016 concerning the procedure of in-court mediation on economy sharia disputes in Blitar Religious Court, along with various obstacles and solutions.

Download Full-text

Peran Kiai Dalam Menyelesaikan Konflik Keluarga

El-Mujtama: Jurnal Pengabdian Masyarakat ◽

10.47467/elmujtama.v1i2.729 ◽

2021 ◽

Vol 1 (2) ◽

pp. 184-193

Author(s):

Muhammad Habib ◽

Muhammad Shaleh ◽

Muhammad Hasbi

Keyword(s):

Islamic Law ◽

Field Research ◽

Married Couples ◽

Mediation Process ◽

Family Conflicts ◽

Interesting Phenomenon ◽

Library Research ◽

The People ◽

Husband And Wife

An interesting phenomenon that occurs in the people of the Tanjung Pura Subdistrict, Langkat Regency, who still consider the kiai to be a highly respected and respected figure. In terms of problems that occur between husband and wife such as nusyuz and syiqaq, people still believe that by telling the kiai, they will get the best solution as an effort to resolve conflicts that occur in their families. This type of research is juridical-empirical law research (Socio-Legal Research). This research was conducted by looking for field data (field research) and library research, namely analyzing data sources on books. Data collection techniques were carried out by conducting interviews with kiai and communities in several villages in the Tanjung Pura District, Langkat Regency. The purpose of this study was to determine the role played by the kiai in resolving family conflicts in Tanjung Pura District, Langkat Regency and to find out the review of Islamic law and its legislation related to the resolution of family conflicts involving a kiai. The results of the research that have been carried out conclude that the kiai has a role in reducing family conflicts in the community in the Tanjung Pura District, Langkat Regency, including the first role of the kiai in providing good solutions to problems faced by married couples, secondly the role of the kiai in trying to reconcile husband and wife. -wife who is in disagreement, the three roles of the kiai are good protectors in an effort to resolve family conflicts. Islam gives up the freedom of settlement to reach an agreement to make peace for those who are in dispute. This is done because Islah-shulh is part of Islamic teachings to resolve a dispute or conflict peacefully. However, it is different from the laws and regulations which have their own rules in the implementation of mediation in court. In accordance with Perma No. 1 of 2016 Article 13 that to be a mediator in the mediation process must have a certificate. With regard to efforts to resolve family conflicts by involving the kiai as hakam, this is permissible. However, the role of the kiai as a mediator or hakam can only be carried out in an effort to resolve disputes that have not been submitted to court with the consent of the conflicting parties. Unless, the kiai already has a certificate as a mediator. Keywords: kiai; mediator; Family

Download Full-text

Mediation in the criminal process of Ukraine: prospects for legislation

Legal horizons ◽

10.21272/legalhorizons.2020.i21.p117 ◽

2020 ◽

pp. 117-121

Author(s):

O.M. Sadruk ◽

O.I. Tyshchenko

Keyword(s):

Legal Status ◽

Mediation Process ◽

Scientific Article ◽

Criminal Proceedings ◽

Basic Principles ◽

Advantages And Disadvantages ◽

Procedure Code ◽

Foreign Countries ◽

The Status ◽

Moral Damage

The scientific article is devoted to the analysis of the mediation process as an attempt to reach a voluntary understanding (reconciliation) between the victim and the offender to compensate for material and moral damage through impartial, prepared for resolution of the conflict between the person and the mediator. The paper examines the concept of "mediation", the need for its introduction in national legislation, as well as the advantages and disadvantages of this procedure, which are observed in the experience of foreign countries. The international legal acts containing norms on mediation, the current criminal procedural legislation of Ukraine, the draft law "On mediation" are analyzed. The views of scholars and judges on the feasibility of legislative regulation of mediation in Ukraine have been studied. The norms of the Criminal Procedure Code regarding the conciliation agreement are analyzed and certain changes to the mentioned provisions are proposed, in particular, the separation of such a subject of conflict resolution as a mediator. Conclusions and proposals aimed at improving criminal procedural legislation have been formulated. Attention is drawn to the fact that the basic principles of mediation, the scope of its application, the range of criminal proceedings in which mediation is possible, the requirements for mediators and the conditions for acquiring the status of a mediator, the legal status of a mediator are required. Moreover, they proposed their own views on enshrining certain provisions related to mediation in the legislation for the effective operation of the mediation institution. Because it is no coincidence that mediation as an alternative way of resolving disputes is developed in international practice and it is justified that the European community pays considerable attention to mediation as an alternative way of resolving disputes in various spheres of society.

Download Full-text

Conflict-Free Conflict Resolution Process and Method

Peace and Conflict Studies ◽

10.46743/1082-7307/2004.1051 ◽

2004 ◽

Author(s):

Roshan Danesh ◽

Hossain Danesh

Keyword(s):

Conflict Resolution ◽

Dispute Resolution ◽

Developmental Psychology ◽

Theory And Practice ◽

Peace Studies ◽

Conflict Studies ◽

Resolution Process ◽

Three Stages

Conflict-free Conflict Resolution (CFCR) is an emerging theory and practice of conflict resolution. Building upon traditions of innovation within the field of dispute resolution, as well as insights from a variety of disciplines including conflict studies, peace studies and developmental psychology, CFCR aims to be a unity-centered practice. Both the method and outcomes of CFCR are attempts to reflect the possibilities of helping to create conditions of unity between individuals and communities. The purpose of this article is primarily descriptive, aiming to give an initial overview of CFCR as a practice. This description is rooted in the initial applications of CFCR in a number of contexts. In this article, the theoretical underpinnings of the CFCR model are summarized, CFCR’s connections with the contemporary conflict resolution scholarship are explored, and the three stages of CFCR are outlined.

Download Full-text