scholarly journals STRATEGI HAKIM MEDIATOR DALAM MENCEGAH TERJADINYA PERCERAIAN

2021 ◽  
Vol 7 (1) ◽  
pp. 115-127
Author(s):  
KHOIRUL ANAM
Keyword(s):  
Supreme Court ◽  
Divorce Rate ◽  
Problem Formulation ◽  
Research Approach ◽  
Family Approach ◽  
Pocket Book ◽  
The Supreme Court ◽  
The Family ◽  
Practical Guidelines ◽  
Depth Interviews

ABSTRAK Strategi Hakim Mediator Dalam Mencegah Terjadinya Perceraian, Studi di Pengadilan Agama Tulungagung adalah Judul dari penelitian ini, hal ini menarik di angkat sebagai judul, disebabkan tingginya perceraian setiap  tahunya pada wilayah Kabupaten  Tulungagung, dapat kita lihat pada  tahun 2008 - 2012 dan terakhir bulan Juni 2013 jumlah pemohon meningkat. Hal ini memunculkan dua pertanyaan. Pertanyaan, pertama adalah Faktor apa penyebab timbulnya perceraian di Pengadilan Agama Tulungagung? dan yang Kedua adalah, bagaimana Strategi Hakim Mediator dalam mencegah terjadinya perceraian di Pengadilan Agama Tulungagung?. Tujuan dari Penelitian ini adalah untuk menganalisis faktor penyebab perceraian pada  Pengadilan Agama Tulungagung serta untuk  menganalisa Strategi Hakim Mediator melakukan pendekatan kepada para pihak agar tidak terjadi perceraian. Untuk mendapatkan pemahaman yang utuh tentang Strategi Hakim Mediator Dalam Mencegah Terjadinya Perceraian Di Pengadilan Agama Tulungagung ini, di perlukan metode yang mampu untuk menjawab rumusan masalah atau pertanyaan diatas, maka peneliti menggunakan metode kualitatif.  Dengan Pendekatan penelitian tersebut  bertujuan memperoleh data lebih lengkap, sesuai konsep Pendekatan penelitian kualitatif. Sedangakan untuk teknik pengumpulan datanya dengan menggunkan teknik observasi, wawancara mendalam, serta dokumentasi. Dari hasil penelitian tentang Strategi Hakim Mediator Dalam Mencegah Terjadinya Perceraian, Studi  Di Pengadilan Agama Tulungagung ini adalah, ada beberapa faktor yang menyebabkan orang mengajukan permohonan cerai di antaranya,  faktor  tidak adanya tanggung jawab suami terhadap keluarga, adanya Kekerasan dalam keluarga, tidak adanya keharmonisan di dalam  keluarga, adanya faktor ekonomi atau kurangnya  nafkah kepada istri, Serta adanya gangguan dari luar  (Perempuan atau laki laki lain). Sedangkan untuk strategi  Hakim Mediator dalam melaksanakan mediasi untuk mencegah terjadinya perceraian dengan menggunakan beberapa strategi atau pendekatan, di antaranya adalah  pendekatan agama, pendekatan masa lalu atau mengingat masa-masa romantis, Pendekatan Matematis, dan Pendekatan Keluarga  (anak atau orang tua) serta Pendekatan Psikologis kepada para pihak.         Dari  kesimpulan dan temuan diatas, ada beberapa saran khususnya kepada Pengadilan Agama Tulungagung dan Mahkamah Agung yaitu, a)  Pengadilan Agama Tulungagung perlu mendorong kepada Hakim Mediator untuk mengikuti pendidikan dan pelatihan khusus Mediasi. b) Mahkamah Agung perlu membuat buku saku khusus tentang petunjuk praktis pendekatan Mediasi untuk pegangan Hakim mediator atau mediator.   Kata Kunci: Hakim, Perceraian, Mencegah, Mediator. MEDIATOR JUDGE'S STRATEGY IN PREVENTING DIVORCE   ABSTRACTThe Mediator Judge's Strategy in Preventing Divorce, Studies at the Tulungagung Religious Court is the title of this study, it is interesting to be appointed as a title, due to the high divorce rate every year in the Tulungagung Regency area, we can see in 2008 - 2012 and last June 2013 the number of applicants increases. This raises two questions. The first question is what are the factors that cause divorce in the Tulungagung Religious Court? and the second is, what is the strategy of the Mediator Judge in preventing divorce in the Tulungagung Religious Court?. The purpose of this study is to analyze the factors that cause divorce at the Tulungagung Religious Court and to analyze the Mediator Judge's Strategy to approach the parties so that divorce does not occur.To get a complete understanding of the Mediator Judge's Strategy in Preventing Divorce in the Tulungagung Religious Court, a method is needed that is able to answer the problem formulation or question above, the researchers used qualitative methods. With this research approach, it aims to obtain more complete data, according to the concept of a qualitative research approach. As for the data collection techniques using observation techniques, in-depth interviews, and documentation.From the results of research on the Mediator Judge's Strategy in Preventing Divorce, the Study at the Tulungagung Religious Court is, there are several factors that cause people to apply for divorce including, the factor of the husband's lack of responsibility towards the family, the existence of violence in the family, the absence of harmony in the family. in the family, the existence of economic factors or lack of living for the wife, as well as interference from outside (women or other men). As for the Mediator Judge's strategy in carrying out mediation to prevent divorce by using several strategies or approaches, including the religious approach, the past approach or remembering romantic times, the Mathematical Approach, and the Family Approach (child or parent) as well as the Psychological Approach. to the parties.From the conclusions and findings above, there are several suggestions, especially to the Tulungagung Religious Court and the Supreme Court, namely, a) The Tulungagung Religious Court needs to encourage Mediator Judges to take special education and training in Mediation. b) The Supreme Court needs to make a special pocket book on practical guidelines for the Mediation approach for the guidance of the mediator Judge or mediator. Keywords: Judge, Divorce, Prevent, Mediator.    

scholarly journals Nils Eberhard Svedelius, 1873-1960

1961 ◽  
Vol 7 ◽  
pp. 294-312
Keyword(s):  
Supreme Court ◽  
16Th Century ◽  
Small Scale ◽  
Government Officials ◽  
Supreme Court Justice ◽  
Army Officers ◽  
The Supreme Court ◽  
The Family ◽  
Old Swedish ◽  
High Government

Nils Svedelius came of old Swedish stock. His first known ancestor was one Nils Andersson, a farmer in the parish of Leksand in Dalecarlia, who lived in the middle of the 16th century. In the early 17th century one of his grandsons entered holy orders and became vicar of Rattvik parish. In those days, small-scale farming was an important side activity for country parsons. During his tenure, a good piece of land belonging to the parsonage and known as Sveden was brought under the plough, and from this place his grandchildren took the family name Svedelius. From them all the bearers of the name are descended, among them many prominent citizens, high government officials, army officers, merchants and teachers, the most widely known being the historian Vilhelm Erik Svedelius (1816-1889), still something of a legendary figure in the academic annals of Uppsala. But as far as is known to the present writer, none of them ever took any special interest in natural history. Only one of them, the man whose life and work are the object of this article, became a man of science. Nils Eberhard Svedelius was born in Stockholm on 5 August 1873, the second son of Supreme Court Justice Carl Svedelius, L.L.D., and of his wife Ebba Katarina, who came of the old noble family Skytte af Satra. Nils’s elder brother studied law and, like his father, became a Justice of the Supreme Court of Sweden.

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 INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY

Lex Russica ◽  
2020 ◽  
pp. 19-27
Author(s):  
O. N. Nizamieva
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Family Law ◽  
Legal Regulation ◽  
Legal Norms ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation

The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial panels of the Supreme Court of the Russian Federation, making a determination on a particular case, clarify the meaning of legal norms, and sometimes under the guise of interpretation in fact correct ill-considered or outdated norms of family law. Third, the High Court reviews cases where there is a typical and widespread error in the application of a very clear and defined rule. Fourth, in individual legal acts it is possible to observe the concretization or change of the previously designated legal stances while maintaining the legislative rules in the same form. Using certain examples of cases considered by the Supreme Court of the Russian Federation on family disputes concerning property, the paper has demonstrated the mechanism of possible transformation of abstract, non-personified and doctrinally oriented provisions contained in the definitions of judicial boards of the Supreme Court to general legal regulators. The author has determined certain problems of legal regulation of property relations in the family that have not been settled by the Supreme Court of the Russian Federation.

scholarly journals Interpretation of Negative Prerequisites for Dissolving Marriage by Divorce – Comments in the Light of Directives of the Supreme Court

2013 ◽  
Vol 32 (1) ◽  
pp. 75-87
Author(s):  
Małgorzata Anna Dziemianowicz
Keyword(s):  
Supreme Court ◽  
Judicial Decisions ◽  
Binding Force ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Family ◽  
Minor Children ◽  
Unchanged Form ◽  
Made In ◽  
Special Protection

Abstract The issues discussed in the following article focus on the interpretation of negative prerequisites for dissolving marriage by divorce. In Poland, special protection of the family stems both from the Constitution and the Family and Guardianship Code of 1964. The obstacles which seem to counteract the independent breaking of the marriage knot are the regulated positive and negative divorce prerequisites. In the area of divorce prerequisites in question, the Family and Guardianship Code functions in the unchanged form. As provided by the Family and Guardianship Code one of the negative divorce prerequisites was the welfare of minor children who could suffer as a result of granting a divorce. It is interesting for the contemporary judicial practice and the interpretation of law made in court judgments whether and in what scope it is possible to use the contemporary achievements of the Supreme Court as regards the guidelines. It seems that in the situation where the directives lost their binding force, it is not purposeful to refer to them as a source of law interpretation. The practice of judicial decisions seems to oppose this idea. Moreover, the guidelines of the Supreme Court passed at the time when they were a commonly binding interpretation of the law will undoubtedly be useful for creating the judicial law now and in the future.

Common law environmental protection: the future of private nuisance, Part II

2014 ◽  
Vol 6 (1/2) ◽  
pp. 106-128
Author(s):  
Robert Charles Palmer
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Common Law ◽  
Strict Liability ◽  
Regulatory Regime ◽  
Research Approach ◽  
Content Type ◽  
The Supreme Court ◽  
Nuisance Law

Purpose – This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the decision in Cambridge Water and asks the question whether it would stand as good law before the Supreme Court. It concludes with illustrating the enduring role of the injunction in environmental protection and its capacity to coerce restorative environmental justice. The paper aims to discuss these issues. Design/methodology/approach – The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary. Findings – Nuisance developed to a point in the nineteenth-century where a simple form of the tort was visible. At that juncture, it had an “unchanged” essence that emanated from a strict liability reciprocal identity. Recent judicial activity has visibly adulterated that identity: this article casts doubts on juridical restrictions that assess the conduct of defendants to assess liability. It is suggested that it may not withstand the scrutiny of the Supreme Court if, and when, they are tested. In light of that analysis and considering the potency of injunctions, it is argued that nuisance law potentially has a positive future in environmental protection. Research limitations/implications – Owing to the elected research approach, the scope of the article has been necessarily concentrated on succinct areas of a broader subject and viewed in a manner that works alongside the regulatory regime. Originality/value – This paper recognises that nuisance law has a positive future in environmental protection especially if the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.

scholarly journals To the question of the peculiarities of the protection of the rights of spouses in cases of establishing the regime of separate residence of spouses

2021 ◽  
pp. 154-158
Author(s):  
O.А. Oksanyuk
Keyword(s):  
Supreme Court ◽  
Physical Violence ◽  
Scientific Article ◽  
Criminal Cases ◽  
Common Life ◽  
Joint Management ◽  
The Supreme Court ◽  
The Family ◽  
Legal Position ◽  
The Right

In the scientific article the author conducted a scientific study of the peculiarities of protection of property and personal non-property rights of spouses in cases of establishing a regime of separate residence. Based on the above research, the author notes that the importance of the legal position in cases of establishing a regime of separate residence of spouses is the decision of the Plenum of the Supreme Court of Ukraine №11 of December 21, 2007 “On the practice of law enforcement, divorce, annulment and division of joint property of the spouses “, namely paragraph 12 of this resolution. Unfortunately, this document is the only legal position of the Supreme Court on the establishment of the legal regime of separate residence of spouses, so to determine the approaches of courts of general jurisdiction in considering this category of cases, you should refer to the analysis of individual court deci-sions. The analysis of the conducted case law allows to indicate that the main reasons that indicate the impossibility and / or unwillingness of the spouses to live together may indicate: lack of common life goals and family interests, which makes it impossible to live together and marital relations, long separate residence, lack of joint household , the presence of different views on life, lack of mutual understanding in the family, lack of joint management, lack of desire to continue living together, family disputes and conflicts that led to tense relationships, lack of intention to resume cohabitation, alcohol abuse, lack interest in raising one’s own child, quarrels and physical violence against the other spouse. The decision of the High Specialized Court of the Court of Ukraine on Civil and Criminal Cases in Case №6-27361, according to which the existence of property disputes concerning joint joint ownership of spouses does not deprive the right to establish a separate residence regime, also has a certain legal position.

scholarly journals AKIBAT HUKUM DIKELUARKANNYA IZIN LINGKUNGAN BARU MELALUI SURAT KEPUTUSAN GUBERNUR JAWA TENGAH NOMOR 660.130 TAHUN 2016 PASCA DIBATALKANNYA IZIN LINGKUNGAN NOMOR 660.117 TAHUN 2012

2018 ◽  
Vol 3 (2) ◽  
pp. 141-154
Author(s):  
Siti Ruhama Mardhatillah
Keyword(s):  
Supreme Court ◽  
Key Words ◽  
Supreme Court Decision ◽  
Problem Formulation ◽  
Court Decision ◽  
Central Java ◽  
The Supreme Court ◽  
Legal Consequences

Abstract Since the publishment of environment permit through Governor of Central Java Decision Number 660.1/30 of Year 2016 has caused any juridical problem because this environment permit replaces of the previous permit, that is Governor of Central Java Decision Number 660.1/17 of Year 2012 which has been canceled by the earlier Supreme Court Decision Number 99/PK/TUN/2016. The problem formulation of this research is how the legal consequences through the publishment of the last environment permit after cancellation the previous environment permit by the Supreme Court. This research is juridical-normative research with using conceptual and statute approach. The result of the research is the legal consequnces through the publishment of last environment permit is that permit can be cancelled (vernietigbaar), so that all the consequences during the enactment of that permit are legitimate until the revocation by Governor of Central Java Decision Number 660.1/4 of Year 2017.   Key words: Legal consequences, Environment Permit Number 660.1/17 of Year 2012, Environment Permit Number 660.1/30 of Year 2016.    

Social Media and New Norms impact: “Oh! My Grandparents (OMG)!” As an Administrator in Family WhatsApp Group

2021 ◽  
Vol 37 (4) ◽  
pp. 254-272
Author(s):  
Azian Muhamad Adzmi ◽  
◽  
Liyana Mohd Ramly ◽  
Syahida Mohd Nazri ◽  
Nik Fatinah N. Mohd Farid ◽  
...  
Keyword(s):  
Qualitative Research ◽  
Social Media ◽  
Family Relationships ◽  
Family Members ◽  
Real Life ◽  
Communication Studies ◽  
Research Approach ◽  
The Family ◽  
Use Of Social Media ◽  
Depth Interviews

WhatsApp has become a major necessity in modern communication both individually and as a group. During an unprecedented time like COVID-19 pandemic, it increased the utilization of social media among society and has developed new norms among its users, especially grandparents. This study emphasises the various real-life activities undertaken by grandparents in social media and detailed research regarding the various WhatsApp administrators in a group chat. A qualitative research approach consisting of in-depth interviews have been carried out among family members in order to gather all the information-involving informants. In addition, it aims to gain a broader perspective of the informants' view regarding their grandparents becoming the administrator of a family WhatsApp group. Results of this study revealed that family relationships became strengthened between grandparents and other family members, especially with their grandchildren. Secondly, grandparents started being obsessed with WhatsApp, they are keen to learn more and are even able to keep up with the latest technology. Finally, the topics discussed in the family WhatsApp group covers current issues such as politics, religious advice, and sometimes entertainment. Generally, this study is expected to contribute to the communication studies and social media field, specifically understanding the use of social media between two different generations that are keen to keep up to date with the current technology especially during the unprecedented time. Keywords: WhatsApp, grandparents, pandemic, new norms, social media.

Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment

1999 ◽  
Vol 33 (1) ◽  
pp. 139-165
Author(s):  
Linda Gallant ◽  
Celia Wasserstein Fassberg
Keyword(s):  
Supreme Court ◽  
District Court ◽  
Tel Aviv ◽  
Majority Decision ◽  
Community Property ◽  
The Supreme Court ◽  
The Family ◽  
Family Home ◽  
Bank Accounts

Nafisi v. Nafisi (1996) 50(iii) P.D. 573The parties were married in 1944 in Persia (Iran), where they were domiciled. In 1979 the husband visited Israel, and during his stay he bought a shop in Tel-Aviv, which he registered in his name. In 1983 the couple and their five children immigrated to Israel. They lived in an apartment registered in both their names. Shortly after their arrival in the country, the husband opened two bank accounts in his name and deposited amounts totalling $320,000, which he had brought with him from Persia. In 1987 the couple's marriage broke down. Despite the rift, they both continued to live in the family home. The wife petitioned the court for a declaratory judgment stating that the shop and the money deposited in the bank accounts were jointly owned by both spouses. The District Court ruled in her favour. The Supreme Court accepted the husband's appeal and held that the wife had failed to prove her right to community property. The wife requested a further hearing in the Supreme Court on the matter, and in the further hearing, the Court ruled in her favour, by a majority decision.

Sign in / Sign up

Export Citation Format

Share Document