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Journal : Muttaqien

Dua Sisi Proses Penyelesaian Sengketa: Upaya Mewujudkan Keadilan Pemilu (Studi Kasus di Bawaslu Kabupaten Purwakarta) Abidin, Ujang; Dulnasir, Dulnasir
Muttaqien Indonesian Journal of Multidiciplinary Islamic Studies
Publisher : Muttaqien Publishing, Lembaga Penelitian dan Pengabdian kepada Mayarakat (P3M) STAI DR. KH.EZ. Muttaqien Purwakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52593/mtq.03.2.04

Abstract

In accordance with the mandate of the regulation, the dispute resolution of the regional election and election processes is delegated by the supervisory and election justice enforcement agency, namely Bawaslu. The role of Bawaslu which is so central is the hope in maintaining the fairness of the regional and general elections. The writing of this article will focus on the comparison of the dispute resolution process in the 2018 Purwakarta Regional Elections and the 2019 Simultaneous Elections. The two dispute cases in different momentum make the process of seeking legal justice in political contestation worthy of attention. The type of research in this article is normative juridical law research with a case study conducted at Bawaslu, Purwakarta Regency, West Java Province. The results of the study can be concluded that the dispute resolution process in the regional elections and elections that occurred in the Bawaslu of Purwakarta Regency was guided by the regulations and legal facts in the trial. The pair of Rustandi and Dikdik as candidates for regent whose application was rejected by the KPU and Angga and Lukmanul Hakim as candidates for DPRD members who were removed from DCT by the KPU were also a legal process that was taken up by Bawaslu to make a decision that upholds a sense of justice. Keywords: Dispute Resolution, Bawaslu Purwakarta, DCT Strike
The Integration of Psychological Aspects and Islamic Values in Domestic Dispute Mediation in Religious Courts Gussevi, Sofia; Supriatna, Encup; Fahmi, Irfan; Abidin, Ujang; Zahra, Maida
Muttaqien Indonesian Journal of Multidiciplinary Islamic Studies
Publisher : Muttaqien Publishing, Lembaga Penelitian dan Pengabdian kepada Mayarakat (P3M) STAI DR. KH.EZ. Muttaqien Purwakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52593/mtq.07.1.08

Abstract

Mediation is a form of Alternative Dispute Resolution that aims to achieve amicable settlements between disputing parties. In the context of family disputes in Indonesia, mediation plays a strategic role in preventing divorce and maintaining family unity and harmony. However, the effectiveness of mediation is influenced not only by legal and procedural factors but also by the psychological conditions and dynamics of the parties involved. This study examines the role of psychological aspects in determining the success of family dispute mediation in the Religious Courts of Indonesia. Using an empirical legal research design with a qualitative sociological approach, primary data were collected through in-depth interviews with judges, mediators, and disputing parties at the Religious Court of Purwakarta, supported by direct observation of mediation sessions. The findings reveal that mediators who understand the psychological dynamics of the parties are more capable of creating a conducive mediation environment, managing emotions effectively, and facilitating constructive communication. Psychological aspects significantly contribute to the achievement of amicable agreements and to the sustainability of post-mediation relationships. Accordingly, the integration of psychological approaches into the training and practice of family mediation in the Religious Courts should be strengthened to enhance the effectiveness of family dispute resolution in a peaceful, humane, and just manner. This study aligns with the principles of Islamic law, particularly the concepts of islah (reconciliation) and shulh (amicable settlement), as well as the objectives of maqāṣid al-sharīʿah, especially hifz al-nasl (the protection of progeny and family integrity).