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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance QISTINA: Jurnal Multidisiplin Indonesia
Safwah, Raiva
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Religion Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing

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UPAYA HUKUM BANDING DALAM PERKARA PERCERAIAN MENURUT HUKUM ACARA PERDATA Lubis, Fauziah; Safwah, Raiva; Munthe, M.Ridho Pratama; Harahap, Hafni Meylani; Rozi, Fahrur; Rahmi Siregar, Dina Aulia
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.624

Abstract

This study aims to assess the effectiveness of appellate remedies in divorce cases as a legal mechanism that protects individuals who disagree with or are dissatisfied by decisions made by the court of first instance. Within the framework of Indonesia’s civil procedural law, appeals function as a corrective measure to address potential judicial errors in the application of law or the evaluation of facts. The research focuses on the normative legal basis of the appellate process as regulated in the Herziene Indonesisch Reglement (HIR), Rechtsreglement voor de Buitengewesten (RBg), Law Number 48 of 2009 on Judicial Power, and the amended Law Number 7 of 1989 concerning Religious Courts. Additionally, the study examines the implementation of Supreme Court Regulation (PERMA) Number 1 of 2019, which introduces the use of electronic systems for filing appeals. Appeals in divorce cases are commonly initiated due to disputes over divorce rulings, child custody, division of marital property, or alimony determinations considered disproportionate. This research employs a normative juridical approach with qualitative analysis, relying on secondary data sources including primary legal materials such as statutes and court decisions, as well as secondary sources like legal literature and academic journals. The findings indicate that the appellate mechanism plays a vital role in ensuring tiered justice and provides an important avenue for parties who feel aggrieved to seek a review of decisions perceived as legally or substantively flawed.
Efektivitas Mekanisme Tripartit dalam Penyelesaian Sengketa Ketenagakerjaan di Indonesia Dalimunthe, Nikmah; Safwah, Raiva
QISTINA: Jurnal Multidisiplin Indonesia Vol 4, No 2 (2025): December 2025
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v4i2.7719

Abstract

This study examines the effectiveness of the tripartite mechanism in resolving industrial relations disputes in Indonesia amid unequal bargaining positions between workers and employers. Normatively, the tripartite mechanism is designed as a dialogical, efficient, and relatively low-cost non-litigation dispute resolution instrument. This research employs a qualitative descriptive approach through library research by analyzing legislation, international conventions, scholarly journals, and relevant official documents. The findings indicate that although the legal framework of the tripartite mechanism is comprehensive, its implementation remains constrained by limited professionalism of mediators and conciliators, procedural dominance, and unequal industrial relations, which contribute to the escalation of disputes to arbitration. The study concludes that strengthening the competence of tripartite actors and integrating principles of substantive justice, including justice, wisdom, and responsibility from an Islamic law perspective, are essential to enhance the effectiveness of industrial dispute resolution in Indonesia.
Co-Authors Dalimunthe, Nikmah Fahrur Rozi Harahap, Hafni Meylani Lubis, Fauziah Munthe, M.Ridho Pratama Rahmi Siregar, Dina Aulia