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All Journal Diponegoro Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA
Meydora Cahya Nugrahenti
Faculty of Social and Political Sciences, Universitas Tidar
Law, Crime, Criminology & Criminal Justice

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JUDGES PERSPECTIVE ON THE THIRD TALAK IMPOSED OUTSIDE OF COURT SESSION Nur Rofiq; Ro’fah Setyowati; Meydora Cahya Nugrahenti; Wahyu Prabowo; Ahmad Asroni; Halisma Amili; Taufik Setyaudin; Musthafa Musthafa
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.76-92

Abstract

The research aims to analyze the views of the Panel of Judges, Mediator Judges, Positive Law in Indonesia and Islamic Law regarding triple talak outside the Religious Court hearings. The research method uses the research Normative Law-Empirical and the nature of this research is descriptive-analytic. The results of this research, namely the views of the Panel of Judges, Mediator Judges and Positive Law in Indonesia state that triple talak handed down outside the courtroom is invalid according to Law No. 7 of 1989 concerning Religious Courts and Compilation of Islamic Law Article 117. Meanwhile, according to Law Islam, there are four opinions, namely; First, the one that punishes three divorces imposed at once is three divorces. Second, the opinion condemns that three divorces at the same time only fall one. Third, a detailed opinion, that is a wife who has not had intercourse and has had intercourse with her husband. Three divorces are pronounced simultaneously against a wife who has not had intercourse, then it is divorced one, while divorces against a wife who has been consummated, then it is divorced three. The fourth opinion condemning three divorces at once is not divorced.
Reconstruction of Arbitration Agreement Arrangements to Prevent Pathological Arbitration Clauses in Indonesia Meydora Cahya Nugrahenti; Herliana Herliana; Rr. Retno Sugiharti
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.405-427

Abstract

Pathological arbitration clauses can hinder the arbitration process and open up opportunities for the parties to avoid arbitration or challenge its decision. These clauses may arise due to deliberate intent or a lack of understanding on the part of the parties. Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (AAPS Law) does regulate arbitration agreements, but it is not comprehensive in preventing the emergence of pathological clauses. This study aims to identify forms of pathological arbitration clauses that hinder the effectiveness of arbitration and to formulate a reconstruction of arbitration agreement regulations to prevent them in Indonesia. The research method used is juridical-normative with an emphasis on legal norms as the main object. The data used consists of primary and secondary legal materials through legislative, analytical, comparative, and conceptual approaches. The results of the study show that pathological arbitration clauses hinder arbitration because they contain ambiguities, such as unclear arbitration authority to resolve disputes, the existence of options for the parties to choose a court, and the appointment of unavailable arbitrators. To prevent pathological arbitration clauses, Article 9 of the AAPS Law needs to be reconstructed by including arbitration clause regulations that explicitly state the authority of arbitration without exception. The conclusion of this study is that there are pathological clauses in the agreement and therefore the reconstruction of Article 9 of the AAPS Law is carried out by providing legal certainty on the pactum de compromittendo in the arbitration agreement.
Co-Authors Ahmad Asroni Halisma Amili Herliana Herliana Nur Rofiq Ro’fah Setyowati Rr. Retno Sugiharti Taufik Setyaudin Wahyu Prabowo