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Function of Non-Judge Mediators in Divorce Settlement Through Religious Courts Hanifah, Mardalena; Pascadinianti, Meidana
Unnes Law Journal Vol 9 No 2 (2023): Contemporary Issues on Law and Development: Social, Political and Legal Aspects
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.75611

Marriage is carried out until the death of one of the husband and wife. In certain conditions, some things require the dissolution of a marriage, meaning that if the marriage relationship continues, harm will occur which will lead to divorce. Mediation as an out-of-court dispute resolution process is used by courts as a divorce settlement process. Mediation is carried out by a mediator, both a judge mediator and a non-judge mediator. The problem discussed is how to resolve divorce cases through mediation by non-judge mediators in the Religious Courts. The research method used is empirical research with qualitative analysis. Qualitative analysis is a study related to the integration of the substance of laws and regulations on divorce mediation and resolution in Religious Courts. Based on the results of research, the mediation process in the Religious Courts must be carried out by PERMA Number 1 of 2016 concerning Mediation Procedures in Courts, in line with islah as a peacemaker in Islam which has been carried out in the Religious Courts by mediator judges and non-judge mediators. The results of the study show that the success rate is very low. The cause of the failure of divorce settlement through mediation in the Religious Courts is the parties have the intention to divorce, making mediation only a requirement. In addition, the effectiveness of the mediator's function comes from the mediator's skills in handling divorce cases and the awareness of the parties to improve the household and the need for laws on mediation.

A Critical Analysis of Islamic Law and Human Rights in Early Childhood Protection Pascadinianti, Meidana
Jurnal Obsesi : Jurnal Pendidikan Anak Usia Dini Vol. 9 No. 4 (2025): in Progress
Publisher : LPPM Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/obsesi.v9i4.6913

The phenomenon of human rights violations in Indonesia, such as freedom of expression, rights of minority groups, and violence against women, creates tension between Islamic law and international standards. Although Islamic law teaches the protection of the right to life and social welfare, challenges arise in its implementation in modern society. To create balance, open dialogue and a more inclusive adaptation of Islamic law are needed so that human rights are respected without ignoring Islamic values. The research method is qualitative, with a literature review. As a result, the relationship between Islamic law and human rights, especially in the context of early childhood protection, is complex but not necessarily irreconcilable. While both systems share common goals in promoting the well-being and safety of children, significant tensions arise around issues such as child labor and early marriage, where traditional interpretations of Islamic law may conflict with modern human rights standards like those in the CRC. However, through ongoing dialogue, reinterpretation of Islamic principles in light of contemporary human rights, and legal reform, it is possible to create a legal framework that respects both Islamic values and the universal rights of children. By doing so, societies can ensure that children are protected, nurtured, and allowed to grow in a safe and supportive environment, fulfilling both religious and human rights obligations.

A Critical Analysis of Islamic Law and Human Rights in Early Childhood Protection Pascadinianti, Meidana
Jurnal Obsesi : Jurnal Pendidikan Anak Usia Dini Vol. 8 No. 6 (2024)
Publisher : LPPM Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/obsesi.v9i4.6913

The phenomenon of human rights violations in Indonesia, such as freedom of expression, rights of minority groups, and violence against women, creates tension between Islamic law and international standards. Although Islamic law teaches the protection of the right to life and social welfare, challenges arise in its implementation in modern society. To create balance, open dialogue and a more inclusive adaptation of Islamic law are needed so that human rights are respected without ignoring Islamic values. The research method is qualitative, with a literature review. As a result, the relationship between Islamic law and human rights, especially in the context of early childhood protection, is complex but not necessarily irreconcilable. While both systems share common goals in promoting the well-being and safety of children, significant tensions arise around issues such as child labor and early marriage, where traditional interpretations of Islamic law may conflict with modern human rights standards like those in the CRC. However, through ongoing dialogue, reinterpretation of Islamic principles in light of contemporary human rights, and legal reform, it is possible to create a legal framework that respects both Islamic values and the universal rights of children. By doing so, societies can ensure that children are protected, nurtured, and allowed to grow in a safe and supportive environment, fulfilling both religious and human rights obligations.

Akad Murabahah pada Pembiayaan Modal Usaha dalam Perspektif Hukum Ekonomi Syariah Hanifah, Mardalena; Pascadinianti, Meidana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 14 No 2 (2025)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2025.v14.i02.p16

Murabahah financing is structured as a sale–purchase agreement in which the financier discloses its acquisition cost and agreed profit margin to the purchaser. In practice at PT Permodalan Nasional Madani Mekaar Syariah, however, funding is disbursed as cash rather than via the delivery of specific goods, raising questions about the fulfillment of shariah-mandated sale conditions. This study examines the implementation of the murabahah contract in Mekaar Syariah’s business-capital financing through a sociological, descriptive approach. Primary data were collected via in-depth interviews with branch managers, officers, and clients; secondary data were drawn from organizational documents and DSN-MUI fatwas. Findings reveal that at the Kuantan Mudik branch, financing is provided in monetary form prior to any actual acquisition or transfer of goods, thereby failing to satisfy the essential sale elements prescribed by Islamic law and DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000. Although clients are formally authorized under a wakalah (agency) arrangement to purchase assets for their enterprises, many divert funds to non-productive, consumptive expenditures. The murabahah contract is executed only at disbursement, concurrently with a wakalah contract, without subsequent verification of goods procurement or ownership transfer.These practices contravene the fundamental requirements of murabahah, namely, the existence of a tangible asset, pre-contract negotiation of profit margin, and clear transfer of ownership. To align Mekaar Syariah’s operations with shariah principles, the institution must strengthen its operational protocols and internal controls, ensuring that financing transactions genuinely reflect a sale, purchase of specified goods

Optimization of E-Litigation in the Settlement of Divorce Cases at the Bangkinang District Court Hanifah, Mardalena; Pascadinianti, Meidana; Triyananda, Maulidya; Firmanda, Hengki; Lestari, Rika; Putra, Setia
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.6434

The presence of E-Litigation, a Supreme Court innovation to merge procedural law with technology, reflects Indonesian judicial administration in the digitalization era. The existence of E-Litigation as a practical application of the principle of simplicity, speed, and cheap cost is not yet optimal. The Supreme Court Regulation Number 1 of 2019 on Electronic Court Case Administration regulates e-litigation proceedings. Improvements have been made to the legislation. Based on the foregoing, it is judged necessary and urgent to investigate optimizing e-litigation in the settlement of divorce cases at the Bangkinang District Court. The study sought to explain the effectiveness of e-litigation in resolving divorce cases at the Bangkinang District Court. Sociological legal research is an empirical study that seeks to uncover theories about the incidence of law in society. The data was gathered through interviews with judges Syofia Nisra, Ersin, and Aulia Fhatma Whidhola. Not only are the rules for e-litigation processes being reviewed, but so are the hurdles to e-litigation settlement of divorce cases at the Bangkinang District Court. This study is likely to make a significant contribution to legal innovation in the subject of civil procedure law. The settlement of divorce cases through e-litigation will alter the practice of litigating in court. The notion of complicating divorce is analogous to an emergency door on an airplane that should not be utilized unless necessary to overcome a problem. E-litigation processes at the Bangkinang Court have not gone smoothly because the parties do not comprehend and lack suitable electronic gadgets, even though the Court already possesses all of the necessary equipment and facilities.

PENANAMAN MODAL DALAM NEGERI MELALUI INVESTASI TERIKAT SYARIAH: SUATU MANFAAT DAN TANTANGAN HUKUM Pascadinianti, Meidana; Margono, Arga Noer Ardiansyah
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.227

Domestic capital investment supported by the Indonesian government has covered many aspects of the economy, one of which is the sharia economy. One type of domestic investment offered by sharia banking is restricted investment. Sharia-bound investments that use mudharabah muqayyadah contracts have their own arrangements and different from other financing schemes. In restricted investment there are three parties involved, namely investors, sharia banks and business customers. The purpose of this writing is to determine the benefits of sharia-bound investments for the parties and the legal challenges that arise from distributing restricted investment The writing method used in this research is a qualitative approach so that this research will produce analytical descriptive data. The approaches used in this research are the statutory approach, case approach, and conceptual approach. The research results show that the benefits of restricted investment can be obtainde by all parties involved in the financing, including profit sharing obtained by investors and banks, financing for business of the business customers. Legal challenges can be created from any financing, including restricted investment, which are borne jointly by the parties in the sharia-bound investment.

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