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All Journal Ulul Albab: Jurnal Studi Islam DE JURE Jurnal IUS (Kajian Hukum dan Keadilan) El-Mashlahah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Asy-Syariah Sakina: Journal of Family Studies BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Kartika: Jurnal Studi Keislaman Jurnal Pendidikan Islam International Journal of Law and Society Al-Hayat: Journal of Islamic Education Journal of Research on Community Engagement
Musleh Harry
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Mediasi Sebagai Pilar Ketahanan Keluarga dalam Penyelesaian Sengketa Rumah Tangga Febby Ansah Tri Pamungkas; Musleh Harry
Kartika: Jurnal Studi Keislaman Vol. 5 No. 2 (2025): Kartika: Jurnal Studi Keislaman (Agustus)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i2.556

Abstract

The family constitutes a fundamental foundation of social resilience; however, the dynamics of modern life have made domestic conflicts increasingly complex and unavoidable. Litigation-based dispute resolution often adopts an adversarial, win lose approach that may intensify relational tensions and overlook emotional dimensions as well as children’s best interests. This article examines mediation as a humane and relationally oriented mechanism for resolving domestic disputes and analyzes its relevance in strengthening family resilience. Employing a normative juridical approach, this study reviews statutory regulations, mediation frameworks, and scholarly perspectives on family law. The findings indicate that mediation promotes dialogue, mutual agreement, and shared responsibility among the parties, enabling conflicts to be managed constructively and with dignity. Although its implementation faces challenges such as limited legal awareness and mediator capacity, mediation demonstrates significant potential as a strategic pillar for enhancing family resilience and fostering a more just, sustainable, and human-centered family law system.Keywords: Mediation; Family Resilience; Domestic Disputes; Family Law
Efektivitas Mediasi dalam Penyelesaian Sengketa Perceraian di Pengadilan Agama: Analisis Prosedural dan Substansial Moh. Fauzy S. Sumarto; Musleh Harry
Kartika: Jurnal Studi Keislaman Vol. 5 No. 2 (2025): Kartika: Jurnal Studi Keislaman (Agustus)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v5i2.563

Abstract

Mediation is a mandatory stage in divorce proceedings within the Religious Courts of Indonesia, as regulated by Supreme Court Regulation (PERMA) No. 1 of 2016. Despite this legal mandate, its effectiveness remains a debated issue in both procedural and substantive aspects. This study aims to examine the effectiveness of mediation through two primary dimensions: procedural effectiveness and substantive effectiveness. Employing a qualitative approach based on normative analysis and literature review, the research reveals that procedural effectiveness is achieved when all mediation stages—such as the appointment of a qualified mediator, the attendance of parties, the conduct of joint and caucus sessions, and the preparation of official reports—are implemented in accordance with legal guidelines. Substantive effectiveness, on the other hand, is reflected in the achievement of fair agreements, balanced communication between parties, the protection of children's interests, and the reduction of post-litigation conflict. The findings emphasize that mediation effectiveness depends not only on whether an agreement is reached but also on the quality of the dialogue and the fairness of the outcome. Strengthening mediator competence, improving mediation facilities, and increasing public awareness are essential measures to enhance the role of mediation in resolving divorce disputes
Mediation of Divorce Disputes by Village Governments from the Perspective of Progressive Legal Theory: Study of Effec-tiveness and Implementation in Banra'as Village, Sumenep Regency Mawardi Mawardi; Roibin Roibin; Musleh Harry
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.888

Abstract

The increasing rate of divorce in rural areas indicates serious challenges in maintaining family resilience as well as the limited effectiveness of formal litigation-based dispute resolution. Judicial processes that tend to be procedural, time-consuming, and focused on legal termination often fail to address the substantive justice needs of the disputing parties. Consequently, alternative dispute resolution mechanisms that are more responsive to local social and cultural values are required. This study aims to examine the effectiveness and implementation of divorce mediation facilitated by the Village Government of Banra’as, Sumenep Regency, through the perspective of Progressive Legal Theory. This research employs a qualitative approach with an empirical research design. Data were collected through field observations, in-depth interviews with village officials, community leaders, and individuals who had previously participated in the mediation process, as well as documentation related to divorce dispute resolution practices at the village level. Data analysis was conducted using a descriptive-analytical method, focusing on mediation practices as a manifestation of living law within the community. The findings reveal that divorce mediation facilitated by the village government demonstrates a relatively high level of effectiveness in reducing divorce cases. This effectiveness is influenced by a familial approach, the utilization of local wisdom, and the strong internalization of religious values within the social life of the Banra’as community. From the perspective of Progressive Legal Theory, this mediation practice reflects a flexible and non-positivistic understanding of law that prioritizes humanity and substantive justice. Village-based mediation not only serves as an alternative dispute resolution mechanism but also functions as a social instrument to preserve family harmony and strengthen social resilience in rural communities.
From Moral Authority to Policy Integration: The Role of Religious Leaders in Marital Mediation in Indonesia and Malaysia Harry, Musleh; Hamidah, Tutik; Jundiani, Jundiani; Nasrulloh, Muhammad; Saidon, Rafeah
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026): In Press
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.35639

Abstract

Divorce rates in certain Southeast Asian countries remain a growing concern, with some regions experiencing one divorce in every four marriages. Formal mediation in religious courts has proven largely ineffective in mitigating this trend. However, two Muslim-majority regions, namely Rembang in Indonesia and Melaka in Malaysia, consistently demonstrate significantly lower divorce rates. This study seeks to explore the underlying factors contributing to this pattern. Employing a qualitative comparative method, this empirical research investigates how religious leadership contributes to family conflict resolution in both communities. The study involved interviews with six (6) informants in Indonesia and six (6) in Malaysia. The findings reveal that the presence of a strong religious ecosystem, in which religious leaders act as informal mediators, plays a central role in preventing divorce and promoting reconciliation. In these communities, religious figures such as imams or kiai are widely respected and trusted, and are often consulted before legal proceedings are considered. In Malaysia, the role of religious leaders has been institutionalised through state-supported programs that integrate them into official family protection and dispute resolution mechanisms. In contrast, Indonesia has not yet developed formal policies that support the role of religious leaders in marital mediation, despite their substantial influence in rural and coastal communities. This study concludes that religious leaders function not only as moral authorities but also as effective mediators who connect community values with personal disputes. Strengthening collaboration between religious institutions and state authorities is crucial to enhancing non-litigation divorce prevention strategies. The integration of faith-based mediation into public policy could significantly contribute to sustaining family resilience in Southeast Asian Muslim societies.Keywords: religious authority; mediation; divorce; marriage.
Co-Authors Achmad Alparisi Maulana Ahmad Qusairi Ahmad Samawi Ahmad Wahidi Alif Mudiono As-Suvi, Ahmad Qiram Aziah, Faza Dwiki Alfarisyi Mane Tima Erfaniah Zuhriah Fajarani, Meisy Fajari, Meisy Fakhruddin Fakhrudin Fakhrudin Febby Ansah Tri Pamungkas Ghina Nadiah Imam Sukadi Jundiani Jundiani Mahbub Ainur Rofiq Mawardi Mawardi Meisy Fajarani Moh. Fauzy S. Sumarto Mubarak, Fadhel Mufidah, Faizatul Muhammad Riyan Ahsani Nasrulloh, Muhammad Nur Jannani Rohmah, Mamlu'atur Roibin Roibin Saidon, Rafeah Saifullah Saifullah Silva Samanta Sinal, Mohamad Taufiqurrahman, Muh. Teguh Setyobudi Tutik Hamidah Zainal Abidin