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All Journal International Journal of Sociology and Law International Journal Of Synergi In Law, Criminal And Justice
Azhali Siregar
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Humanities Law, Crime, Criminology & Criminal Justice

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EFFECTIVENESS OF CAUCUSES IN PEACE AGREEMENTS BY MEDIATION IN RELIGIOUS COURTS A STUDY IN THE TEBING TINGGI RELIGIOUS COURT Ahmad Junaidi; Azhali Siregar; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.81

Abstract

Mediation is a dispute resolution mechanism that is required before a case is examined in court, as regulated in Supreme Court Regulation (PERMA) Number 1 of 2016. One method in mediation that aims to increase the effectiveness of dispute resolution is caucus, which is a separate meeting between the mediator and one party without the presence of the other party. This study analyzes the effectiveness of the caucus method in achieving peace in divorce cases at the Tebing Tinggi Religious Court. The approach used is sociological juridical with a qualitative descriptive method through document studies and observations of the divorce mediation process. The results of the study indicate that the caucus method has a strategic role in helping the parties reveal hidden interests, calm emotions, and build trust in the mediation process. However, the effectiveness of this method is still influenced by various factors, such as minimal understanding of the parties regarding the function of the caucus, the limited time for mediation which is only 30 days, and the mediator's skills in utilizing this session optimally. Other obstacles faced include distrust between the parties, resistance to mediation, and lack of legal understanding regarding the caucus in PERMA No. 1 of 2016. To overcome these obstacles, it is necessary to increase public understanding of the benefits of mediation, as well as strengthening more detailed regulations regarding the procedures for implementing caucuses in PERMA. In addition, mediators must improve their skills in building trust and digging for information effectively in caucus sessions. By optimizing the caucus method, it is hoped that mediation can become a more efficient alternative for resolving disputes, reducing the burden of cases in court, and providing a more humane solution in divorce cases.
LEGAL REVIEW OF THE POSITION OF MEDIATION AS AN EFFORT TO RESOLVE CASES IN RELIGIOUS COURTS IN INDONESIA (ANALYSIS OF PERMA NUMBER 1 OF 2016) (STUDY IN SIBOLGA RELIGIOUS COURT) Ari Ambrianti; Andoko, Andoko; Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.88

Abstract

The judicial system in Indonesia plays an important role in enforcing the law and providing legal certainty for the community. However, the lengthy litigation system and high costs often become obstacles in resolving disputes. Mediation as an alternative form of dispute resolution offers a faster, more efficient, and win-win solution. The Supreme Court has strengthened the role of mediation through various regulations, including Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Court. This regulation requires the parties to undergo mediation before proceeding to the litigation process, with the aim of reducing the burden of cases in court and encouraging more peaceful dispute resolution. This study focuses on the implementation of mediation in dispute resolution at the Sibolga Religious Court based on PERMA Number 1 of 2016. The results of the study indicate that although the regulation has been quite comprehensive, the implementation of mediation still faces various obstacles, such as the low success rate of mediation, lack of public understanding of the benefits of mediation, and limited number of competent mediators. Therefore, strategic efforts are needed, such as increasing the capacity of mediators, wider socialization to the community, and incentives for mediators who succeed in resolving cases. With these steps, the effectiveness of mediation in the Religious Court is expected to increase, so that dispute resolution can be faster, cheaper, and fairer.
LEGAL REVIEW OF THE GRANTING OF MARRIAGE DISPENSATION BY THE COURT FOR UNDERAGE CHILD MARRIAGE BASED ON LAW NO. 16 OF 2019 AS AN AMENDMENT TO LAW NO. 1 OF 1974 CONCERNING MARRIAGE Maharani, Maharani; Henry Aspan; Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.89

Abstract

Child marriage is a phenomenon that still occurs in Indonesia even though the government has taken various steps to prevent it, one of which is through the revision of Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage. In this regulation, the minimum age limit for marriage is raised to 19 years for men and women. However, this regulation still provides room for child marriage through the marriage dispensation mechanism, as regulated in Article 7 paragraph (2). This dispensation allows parents to submit an application to the religious court on urgent grounds. Ironically, in practice, the courts tend to grant almost all requests for marriage dispensation, which is contrary to the original purpose of the law to reduce the number of child marriages. This study aims to analyze the effectiveness of granting marriage dispensation from a legal perspective and its impact on the protection of minors. The research method used is a normative legal approach by analyzing related regulations, legal doctrines, and court decisions. The results of the study indicate that the marriage dispensation mechanism is still a legal loophole that allows the practice of child marriage to continue to occur. The main factors influencing the high number of marriage dispensations include social pressure, economic factors, and cultural norms that still consider early marriage as a solution to various family problems. Therefore, efforts are needed to tighten regulations, increase public legal awareness, and strengthen the role of child protection institutions so that marriage dispensation is not misused and truly functions as a child protection mechanism in accordance with the principle of legal benefit.
LEGAL REVIEW OF THE LEGALITY OF MARRIAGE AGREEMENTS OF BROUGHT PROPERTY AND GONO GINI PROPERTY TO REALIZE WELFARE FROM A POSISTIVE LEGAL PERSPECTIVE IN INDONESIA Suwarlan , Suwarlan; Andoko , Andoko; Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.91

Abstract

A marriage agreement is a legal instrument that provides certainty and protection for a husband and wife in regulating the ownership and division of assets, both assets brought into the marriage and joint assets. In practice, disputes regarding assets in a marriage often arise, especially in cases of divorce and inheritance. Positive Indonesian law has regulated the mechanism of a marriage agreement in Law Number 1 of 1974 concerning Marriage, the Civil Code (KUHPerdata), and the Compilation of Islamic Law (KHI). This agreement allows couples to avoid the automatic mixing of assets and regulate their ownership more clearly. In addition to being regulated in positive law, marriage agreements are also based on the principles of contracts in Islam, which emphasize the importance of justice and protection of the rights of couples in marriage. The principle of maqashid sharia, especially hifzh al-mal (protection of property), is the basis for recognizing this agreement as an effort to maintain the welfare and avoid disputes in the future. Constitutional Court Decision Number 69/PUU-XIII/2015 has provided flexibility for couples by allowing marriage agreements to be made not only before but also during the marriage, thus further strengthening legal protection of the rights of couples. However, the implementation of marriage agreements still faces challenges, especially in administrative aspects and the lack of public understanding of the urgency of this agreement. Therefore, wider socialization and harmonization of regulations are needed so that marriage agreements can function effectively in providing legal certainty and justice for married couples in Indonesia. Thus, marriage agreements can be a solution to prevent conflict and maintain household welfare in the future.
Scope of Law in Implementing the Law on Money Laundering in the Framework of Eradication of Criminal Acts of Corruption Efermin Gulo; Azhali Siregar; Ismaidar Ismaidar
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.742

Abstract

White-collar crime has evolved to a transnational scale, transcending national boundaries. The crimes are increasingly sophisticated and well-organized, making them difficult to detect and eradicate effectively. Criminals continually seek to secure their proceeds through various means, including complex schemes of money laundering involving international financial networks. To enforce the law on money laundering, proof of the occurrence of money laundering is necessary. Therefore, prior to carrying out the investigation, several key elements must be understood, including the basic concepts of money laundering, the methods of money laundering, and indirect methods of evidence. The crime of money laundering is based on Law No. 15 of 2002 and has been carried out in accordance with the applicable provisions, namely Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), and the Procedural Law contained in Law No. 15 of 2002 concerning the Crime of Money Laundering as amended by Law No. 25 of 2003 concerning Amendments to Law No. 15 of 2002 concerning the Crime of Money Laundering. Obstacles that arise in investigating money laundering crimes can be categorized into two categories: legal and non-legal. Legal obstacles include provisions on bank secrecy, investigators' obligations to protect reporters and witnesses, investigators' incomplete perceptions of money laundering, and incomplete information from the Financial Transaction Reports and Analysis Center (PPATK). Non-legal obstacles include reporters not necessarily being victims, limited human resource capacity of investigators, lack of adequate facilities, minimal public awareness, insufficient institutional coordination, and technological gaps that hinder optimal enforcement efforts.
Co-Authors Ahmad Junaidi Andoko , Andoko Andoko Andoko, Andoko Ari Ambrianti Efermin Gulo Henry Aspan Ismaidar I, Ismaidar Maharani Maharani, Maharani Suwarlan , Suwarlan