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All Journal MAHAKIM: Journal of Islamic Family Law Legitima: Jurnal Hukum Keluarga Islam
Indana Zulfa
Universitas Wahidiyah Kediri
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Mediasi yang Berhasil dalam Perspektif Yuridis Normatif dan Sosiologis Indana Zulfa; Moch. Muwaffiqillah
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.220

Abstract

Mediation is an effort to resolve cases that are integrated with the judicial process. However, successful mediation is often seen only in withdrawing the lawsuit completely and ignoring other things. This research aims to determine the form of successful mediation from a normative juridical and sociological perspective. The research method used by researchers is normative juridical research with a statutory approach, by conducting a comprehensive study of primary legal materials, namely PERMA No. 1 of 2016 concerning Mediation Procedures in Court and secondary legal materials, namely articles about mediation. The research results obtained prove that mediation is a mandate from PERMA No. 1 of 2016 expected to resolve cases without going through examination at trial. Referring to Articles 29, 30, and 31 PERMA No. 1 of 2016, it can be understood that the form of a peace agreement through mediation can be said to be successful not only when the lawsuit regarding the object of the case is completely withdrawn. The withdrawal of some of the defendants and some of the objects of the case can also be said to be successful mediation in normative juridical terms. However, sociologically successful forms of mediation can be seen from the mediation that has been carried out by several Religious Courts in Indonesia which shows that the success of mediation is represented by the withdrawal of the entire lawsuit, although this does not deny the withdrawal of some of the defendants or objects of the lawsuit. However, it is as if the withdrawal of some of the defendants or objects of the lawsuit is considered not the real success of the mediation.
Strengthening Awareness of Islamic Family Law Through Community-Based Education in Contemporary Era: A Study of the Yasin Nurul Hidayah Congregation, Kediri Abdullah Affandi; Indana Zulfa; Abdulnasir Alsayd
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/0xx5zk15

Abstract

Purpose – This study aims to examine how community-based education initiatives can raise awareness of Islamic family law regarding gender roles, rights and obligations, and domestic relationships among the congregation of Yasin Nurul Hidayah in Kediri. Methods – The research used a Community-Based Research (CBR) approach, involving the congregation as active partners in every stage of the activity. A series of interventions were carried out in the form of seminars, participatory workshops, and legal consultations. Findings – The results of the study show that participants not only gained a better understanding of Islamic family law, but also the ability to apply the principles of Islamic family law in their daily lives. The integration of local cultural values into each activity strengthened the legitimacy of the program and fostered a sense of shared ownership. Overall, the participatory approach proved effective in changing individual awareness while shaping a more equitable, cooperative, and mutually respectful collective attitude in family life. Implications – These findings enrich the discourse on legal empowerment by emphasising the importance of participatory and contextual strategies in raising Islamic family legal awareness. This study emphasises that sustainable family harmony cannot rely solely on normative regulations. Originality - This study shows that community-based approaches can be an innovative pathway to strengthen family resilience while promoting social transformation.
Co-Authors Abdullah Affandi Abdulnasir Alsayd Moch. Muwaffiqillah