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All Journal Journal of Innovation Research and Knowledge Al-Bayyinah
Rusli, Deni
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Religion Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Mediation of Domestic Conflict in Divorce Cases at Religious Courts in Banten Province Rusli, Deni; As-Syafe’i, Zakaria; Zaini, Ahmad; Tarihoran, Naf’an
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8973

Abstract

In running a household, no one is free from domestic conflicts. These domestic conflicts are caused by various factors, which ultimately lead to the filing of divorce cases in the Religious Court, either through talak or gugat. These cases can be resolved through mediation in various forms. This research aims to analyze the effectiveness of mediation in resolving domestic conflicts in divorce cases at the Religious Court in Banten Province. The research method employed is qualitative research with a juridical approach, utilizing data collection techniques that include observation and document study. The results show that mediation plays a significant role in reducing the divorce rate by providing couples with a space to dialogue and seek reconciliation solutions. However, various obstacles such as the psychological unpreparedness of the couples, family pressure, and a lack of understanding of the mediation concept often hinder the success of mediation. Juridically, mediation has been carried out by the applicable regulations. This is evident from the procedures followed during the mediation process based on the regulations governing it, but mediation conducted in the Religious Court in Banten Province still experiences many failures. Therefore, efforts are needed to improve the quality of mediation through mediator training, socialization regarding the benefits of mediation, and psychological support for couples facing marital conflict.
KEKERASAN DALAM RUMAH TANGGA DALAM PERSPEKTIF SOSIOLOGI HUKUM Rusli, Deni; Reza Umami; Ahmad Wahyudin
Journal of Innovation Research and Knowledge Vol. 5 No. 2: Juli 2025
Publisher : Bajang Institute

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Abstract

Domestic violence is a complex and multidimensional social phenomenon. From a sociological perspective, this incident is not only viewed as a violation of the law, but also as a result of unequal power relations, patriarchal social constructions, and gender inequality within the family structure. This study uses a qualitative approach, examining the phenomenon of domestic violence through the theoretical framework of the sociology of law to understand the social factors underlying its occurrence. The results indicate that domestic violence is closely related to economic factors, low education, the social environment, and the weak position of women within the family. Although formal regulations such as Law No. 23 of 2004 concerning the Elimination of Domestic Violence have been enacted, their implementation still faces cultural and structural barriers. Therefore, a sociological approach to law emphasizes the importance of social transformation through education, women's empowerment, and changes in societal norms. The law must function not only as a repressive tool but also as a means to create social justice and protection for victims of violence, especially women.
Co-Authors Ahmad Wahyudin Ahmad Zaini As-Syafe’i, Zakaria Reza Umami Tarihoran, Naf’an