Muhammad Saifullah
Universitas Islam Negeri Walisongo Semarang

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Failure of Good Faith in Mediating Divorce Cases in Religious Court Muhammad Saifullah; Khoirul Anwar; Ali Murtadho; Ferry Khusnul Mubarok; Cecep Soleh Kurniawan
International Journal Ihya' 'Ulum al-Din Vol 26, No 1 (2024)
Publisher : Universitas Islam Negeri Walisongo Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ihya.26.1.20313

Abstract

Divorce mediation carried out outside the court (community) and within court, institutions has yet to be effective even though the government has issued a Supreme Court Regulation regarding mediation in court. The achievement of mediation success, which is still below 5%, has encouraged the Supreme Court to add an article on good faith (article 7, Supreme Court Regulation No. 1 of 2016) as a principle of mediation and the threat of sanctions for parties who do not have good faith. This study aims to reveal how the good faith clause is implemented in resolving divorce conflicts through mediation and sanctions for parties who do not act in good faith at the Pekalongan Religious Court. The data mining method was carried out through interviews with mediators, mediator judges at the Pekalongan Religious Court area, parties to the conflict, and experts in the field of mediation. Data mining was carried out through observational and documentation of domestic conflict studies. The collected data was analyzed through descriptive analysis. This paper concludes that (1) the principles of mediation have not been fully carried out in good faith in resolving divorce conflicts through mediation outside the court, so mediation fails and results in the neglect of protracted conflict issues, (2) mediation in the majority of courts lack of success due to internal and external factors, and (3) the mediator or mediator judge experiences difficulties in implementing sanctions against parties who do not have good intentions in resolving family conflicts. This research recommends that outsied of the court mediation be carried out by professional mediators who support the success of the mediation process in the justice system.
Survival of the Amanah Learning Center (ALeC) Institution in Realizing an ‘Kampung Inggris’ Muhammad Saifullah; Sayyidatul Fadlilah
At-Taqaddum Vol 14, No 1 (2022)
Publisher : Quality Assurance Institute (LPM) State Islamic University Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/at.v14i1.19273

Abstract

The housing complex around the campus is a laboratory for lecturers and students as the most effective embodiment of the tri dharma of higher education. This tri dharma is based on campus programs called environmental development, where the campus feels responsible for students living in villages around the campus. One pattern of bringing the campus world closer to the community is how to empower human resources around the campus. This article aims to describe the role of the State Islamic Religious College in empowering the Kampoeng Amanah Social Institution (Amanah Learning Center), a village whose mission is to make the village an English-language village. Research and service methods are carried out in a participatory manner, namely through social analysis of community potential and assisting them in realizing a language village pilot based on Islamic values. The assistance stages are through entrance, Diagnosis, Action Planning, Intervention, Evaluation and Reflection. The results of this research and service have brought about the reorganization of ALeC management based on a map of the human resource potential of Kampoeng Amanah who has a background in education, economics and religion. This assistance has also resulted in a sustainable ALeC program design and the implementation of these programs for ALeC's survival in creating a language village based on Islamic values.The housing complex around the campus is a laboratory for lecturers and students as the most effective embodiment of the tri dharma of higher education. This tri dharma is based on campus programs called environmental development, where the campus feels responsible for students living in villages around the campus. One pattern of bringing the campus world closer to the community is how to empower human resources around the campus. This article aims to describe the role of the State Islamic Religious College in empowering the Kampoeng Amanah Social Institution (Amanah Learning Center), a village whose mission is to make the village an English-language village. Research and service methods are carried out in a participatory manner, namely through social analysis of community potential and assisting them in realizing a language village pilot based on Islamic values. The assistance stages are through entrance, Diagnosis, Action Planning, Intervention, Evaluation and Reflection. The results of this research and service have brought about the reorganization of ALeC management based on a map of the human resource potential of Kampoeng Amanah who has a background in education, economics and religion. This assistance has also resulted in a sustainable ALeC program design and the implementation of these programs for ALeC's survival in creating a language village based on Islamic values.