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Kewenangan Mediator dalam Penyelesaian Perkara Perceraian: Studi Kasus Pengadilan Agama Majene Alimuddin, Hardiyanti; Amaliah, Rezki; Syam, Sitti Mutmainnah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 3, SEPTEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v4i3.43346

Abstract

Mediation is a process of resolving disputes between two or more parties through negotiations or consensus. Mediation proceedings also occur in divorce disputes. The main problem in this study is the role and function of mediators in divorce disputes at the Majene Religious Court and the supporting factors and inhibiting factors of mediators in the Majene Religious Court. The purpose of the study was to determine the role and function of mediators in divorce disputes at the Majene Religious Court and how the supporting and inhibiting factors of mediators in the Majene Religious Court. The type of research used is field research with a normative theological approach to syar'i. Researchers use two data sources, namely primary data and secondary data. In the data collection method, researchers make observations, interviews, and documentation. The procedure for conducting research is the preparatory stage, operational stage, and completion stage. Data analysis with data reduction steps, data presentation, and data verification. The results showed that the existence of mediators in the Religious Justice system, especially in the Majene Religious court, was by Perma rules and carried out their duties as mediators as neutral parties in reconciling the parties. In addition, the function and role of mediators in resolving the problems of people who want to divorce are very necessary because reconciliation efforts are a burden required by law to judges in every examination, trial, and decision of divorce cases. The supporting factor of the mediator in resolving divorce disputes is having experience training the mediator certificate so that it can mediate the parties well. The inhibiting factor of the mediator in mediating is the desire of the parties to remain divorced and if the parties make tantramen (violence, emotion, anger) to the mediator. This study implies that married couples must be aware of the marriage bond they have pledged uphold the vow/promise and strive for maturity. The a need to conduct training for judges on their main duties and as mediators on an ongoing basis by paying attention to talent as mediators. Thus, it is recommended to the community, including shari'ah scholars who have competence in the field of family law, to attend mediator training to obtain a mediation certificate to play a role in efforts to reconcile divorce litigants in the Religious Court.
Kedudukan Tenaga Kerja Wanita yang Terikat Pernikahan: Kajian Hukum Perdata dan Hukum Perdata Islam Amaliah, Rezki; Wulan, Retno; Alimuddin, Hardiyanti
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.48663

Abstract

This study aims to analyze the position of female workers who are bound by marriage in the perspective of civil law and Islamic civil law. The main issue raised is how these two legal systems regulate the rights and obligations of married female workers, as well as how legal protection is provided to them. The subject matter includes a comparison between the provisions in the civil law applicable in Indonesia and the principles contained in Islamic civil law regarding the status and rights of married women workers. The research method used is normative juridical with a comparative legal approach. This research examines various primary legal sources such as laws, government regulations, and ulama fatwas, as well as secondary sources such as books, scientific journals, and legal articles. The data collected were analyzed qualitatively to understand how the two legal systems govern the rights of married women workers. The results show that both civil law and Islamic civil law provide protection for the rights of married women workers, although there are differences in implementation and emphasis. Civil law emphasizes normative rights such as maternity leave, maternity leave, and protection against termination of employment due to marital status. Meanwhile, Islamic civil law emphasizes the principles of justice and the balance of rights and obligations between husband and wife, with an emphasis on the protection of women's rights in the scope of family and work. The novelty of this study lies in the comparative approach used to identify similarities and differences in legal protections for female workers bound by marriage under two different legal systems. The study also provides recommendations for policymakers to improve legal protections for married female workers, by integrating the positive aspects of both legal systems.
THE EXISTENCE OF THE MARRIAGE DISPENSATION IN MAJENE RELIGIOUS COURT (Study of Maqasid Shari'ah) Alimuddin, Hardiyanti; Kurniati; Asni; Achmad Musyahid
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30680

Abstract

This field research provides an overview and factual and explains the various relationships of all the data obtained. This research was conducted in Majene and precisely in the working area of the Majene Religious Court. The study is based on an application for marriage dispensation. Instruments used are researchers, observation, interview, and documentation data. The judge's consideration in granting or rejecting the application for marriage dispensation at the Majene Religious Court is the completeness of the administration at the time of applying for marriage dispensation following Perma No. 5 of 2019, and there is no pro; there on marriage as in Article 8 of Law No. 1 of 1974 concerning Marriage, while still taking into account the aspects of benefit and mudharatan arising from the granting of the application for marriage dispensation.