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EFEKTIFITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PADANG Miasiratni, Miasiratni; Agustini, Sri; Harniwati, Harniwati
Ensiklopedia of Journal Vol 8, No 2 (2026): Vol. 8 No. 2 Edisi 3 Januari 2026
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v8i2.3735

Abstract

This study aims to analyze the effectiveness of mediation in resolving divorce cases at the Padang Religious Court. The method used was an empirical method with a qualitative-descriptive approach. Data were collected through in-depth interviews with judges, mediators, and the parties involved in the divorce process, as well as through a study of case decision documents. Data analysis was conducted descriptively to describe the mediation process and outcomes. The results indicate that mediation at the Padang Religious Court is quite effective in fostering amicable agreements, although obstacles remain, such as unpreparedness of the parties and limited mediation time. This study provides an overview of the importance of mediation as an alternative for resolving divorce disputes and serves as a reference for developing mediation practices in religious courts. Keywords: mediation, divorce, Religious Court, effectiveness, case resolution
PERAN KONSTITUSI DALAM PEMBENTUKAN NEGARA YANG DEMOKRATIS Gokma Toni Parlindungan S; Miasiratni Miasiratni
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1288

Abstract

The constitution is the main foundation in the formation of a democratic country. As a written basic law, the constitution functions to regulate the mechanism of power, guarantee human rights, and provide limitations on government actions so as not to exceed its authority. This study aims to analyze in depth how the constitution plays a role in forming and maintaining a democratic system of government by discussing the role of the constitution in creating a democratic system of government. This study uses a normative legal research method and uses a comparative approach. The data sources are secondary data and primary data. The analysis method uses descriptive-analytical. The results of this study are that the Constitution plays a role in forming and maintaining a democratic system of government. Thus, the role of the constitution is very significant in creating justice, freedom, and welfare in a democratic state life. This study contributes to the development of constitutional law studies, especially in understanding how constitutional mechanisms can be adjusted to the social, political, and cultural dynamics of a country without ignoring the principles of democracy. The practical implication is the importance of adaptive constitutional reform to maintain the relevance of the system of government in facing global challenges.
Penyelesaian Sengketa Hak Dan Kewajiban Suami Istri Pasca Perceraian Di Pengadilan Agama Pariaman Kelas IB Miasiratni Miasiratni; Mahliyanti Adelia Warman; Doni Eka Putra
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.709

Abstract

The resolution of disputes over the rights and obligations of husband and wife after divorce falls under the jurisdiction of the Religious Court, aiming to provide legal certainty and justice for the parties. This study aims to examine the process of resolving disputes regarding the rights and obligations of husband and wife after divorce at the Pariaman Class I.B Religious Court and the obstacles encountered in its implementation. The research method used was descriptive empirical legal research. Data were obtained through interviews and literature review, then analyzed qualitatively. The results indicate that dispute resolution is carried out through the trial process in accordance with applicable procedural law, with a focus on mediation. Obstacles encountered include low legal awareness among the parties and non-compliance with the implementation of court decisions. Therefore, efforts are needed to improve legal understanding and optimize the implementation of decisions to ensure the fulfillment of the rights and obligations of the parties after divorce.
PERAN MARXIST THEORY OF LAW DALAM MENDUKUNG ILMU HUKUM TATA NEGARA Mia Siratni
Ensiklopedia of Journal Vol 5, No 3 (2023): Vol. 5 No. 3 Edisi 3 April 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1776

Abstract

Abstract: This paper attempts to explain a little about law from a marxist perspective. Therefore, this paper is more appropriate to be positioned as an introductory article to open an understanding of the Marxist theory of constitutional law. They have used various approaches in discussing the nature of law, and even with these various approaches, the legal theory they produce has its own characteristics. This can be seen, among other things, in the existence of economic and political factors in their approach to law, as well as in the content of criticism of the capitalist system. The last mentioned, can even be considered as a spirit that tends to be typical in Marxist thought which always criticizes the capitalist system and its influence in human life. There are still many gaps and deficiencies that are expected to become material for further writing on the Marxist theory of law. The author's discussion in this paper has not gone so far as to explain the influence of Marxist theory of law in encouraging the emergence of schools of thought in legal science, has not gone so far as to explain the criticisms leveled against Marxist theory of law, and has not yet reached the forms of practice. marxist theory of law at the state level. At least, these 3 (three) things are expected to be the inspiration for subsequent writings on the Marxist theory of law.Keywords: Role, Marxist, Theory, Constitutional Law.
PELAKSANAAN AZAS PERADILAN CEPAT, MURAH DAN SEDERHANA DALAM KASUS PERCERAIAN DI INDONESIA Miasiratni Miasiratni; Sri Agustini
Ensiklopedia of Journal Vol 7, No 4 (2025): Vol. 7 No. 4 Edisi 2 Juli 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i4.3247

Abstract

This article aims to initiate the implementation of fast, cheap, and simple justice in resolving divorce cases in Indonesia. This principle is a basic principle in the trading system that aims to provide efficient access to justice for the community. This study uses a normative legal method with a qualitative approach, which is based on laws and regulations, court decisions, and related literature studies. The results of the study indicate that although normatively the principle of fast, cheap, and simple justice has been regulated in the Indonesian legal system, its application in divorce cases deals with obstacles. These obstacles include the length of the administrative process, costs that are still felt to be burdensome by some people, and limited facilities and infrastructure in several judicial institutions. Therefore, efforts are needed to improve the system and increase the efficiency of judicial procedures so that as mentioned can truly be realized in practice.Keywords: Fast Justice, Divorce, Low Cost