Herwastoeti Herwastoeti
Faculty of Law, University of Muhammadiyah Malang, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Implementation of E-Court in Civil Life Settlement to Realize Simple Principles Quickly and Low Costs (Study in Malang District Court Class 1a) Ferlyawan Isnanda Nuh; Herwastoeti Herwastoeti; Dwi Ratna Indri Hapsari
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.709 KB) | DOI: 10.22219/ilrej.v2i3.23264

Abstract

The development of technology and information in the digital era as it is today is a significant change in human behavior. The digital era as it is today requires all elements of society and institutions to meet the needs of the community related to the development of this era. On the basis of this fulfillment, the Supreme Court has created an e-court application. This research is a type of empirical legal research. Empirical legal research is oriented to primary data (research results in the field). As for the results of this study, the implementation of e-court at the Malang District Court has been implemented in accordance with Perma No.1 of 2019, there are 4 features of e-court services, namely registration, payment, summons, and trial, all of which are held electronically. This is also an effort made by the Supreme Court to modernize the judicial process in Indonesia without eliminating aspects that existed in the previous judicial system, namely maximizing the existing potential with the support of information and communication technology. In line with the suitability of the simple principle of fast and low cost, the number of cases at the Malang District Court that entered via e-court in 2019 to 2021 reached 4,985 cases, namely civil cases that include applications, lawsuits, simple claims, and objections. In 2019 there were fewer cases that went through compared to cases that went through the manual procedure, but over time the e-court became effective, and manual case registration began to be abandoned. The effectiveness of e-courts in the settlement of civil cases at the Malang District Court has been running effectively since 2020, namely the examination and settlement of issues are carried out in an efficient and effective manner, and at a cost that the community can reach.
The Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court Muhammad Amin Syarifudin; Herwastoeti Herwastoeti; Dwi Ratna Indri Hapsari
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (266.182 KB) | DOI: 10.22219/ilrej.v2i3.23339

Abstract

 The reason for the occurrence of divorce at the Jombang Religious Court is due to several factors, but in how many years the pandemic has increased other factors such as a moral crisis, no responsibility, persecution, biological defects, economic problems, and other factors, jealousy, forced marriage, and no household harmony and underage marriage, divorce is a legal way to deal with marital conflicts under the umbrella of Indonesian law and formalized Islamic law, it is hoped that mediation will be the mediating point of all kinds of divorce issues, Mediation is a process of judicial proceedings regulated in PERMA No. 1 of 2016 concerning mediation procedures in court. the implementation of mediation at the Jombang Religious Court has been carried out according to the procedure, but in the last 4 years the Jombang Religious Court has experienced an increase in cases and the number that cannot be mediated is quite a lot due to the absence of the parties even though they have been summoned more than twice but the parties still choose not present so that the case continues and cannot be mediated, while cases that can be mediated are influenced by the peaceful intentions of both parties so that the mediation can be carried out or those who are being mediated choose to come because they demand their rights as in the case of divorce talk is alimony arising from divorce, so the authors found the ineffectiveness of mediation in its implementation which was unsuccessful due to several obstacles in its implementation, namely the strong desire between parties, ignorance of the importance of mediation by the community, the role of advocates. The author also provides a solution to the obstacles to the ineffectiveness of mediation by maximizing the panel of judges, mediation training, the role of the mediator, the role of the government, and evaluating the performance of the mediator.