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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Legitima: Jurnal Hukum Keluarga Islam
Putra Pandu Dinata Nurdiansyah
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts Putra Pandu Dinata Nurdiansyah; Lalu Muhammad Tamimi; Erfaniah Zuhriah; Naufal Rifqi Nasution
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/2kf5f656

Abstract

Purpose - This study examines the urgency of reforming mediation regulations in Islamic family law disputes in Indonesian religious courts to be more responsive, in line with Islamic values and contemporary legal needs. The current mediation framework is often criticized for its rigidity, legal uncertainty, and procedural inefficiency, which hinder the timely resolution of disputes and limit access to justice. Methods - This study uses a normative legal research method with a legislative approach analysis. Primary and secondary legal materials were collected using a document study method, and these legal materials were then grouped and analyzed according to the formulation of each issue. Findings - The research identifies major regulatory shortcomings, including the weak enforceability of mediated agreements, inadequate mediator qualifications, and the absence of institutional support to encourage mediation. These issues contribute to prolonged litigation and discourage parties from choosing mediation. Reform is needed to establish a more flexible, transparent, and enforceable mediation system that upholds both procedural justice and Islamic legal principles. Research Limitations: This study is limited by its focus on analyzing regulations related to mediation that apply in Indonesia. Originality/Value: The study offers a conceptual framework for reconstructing mediation regulation by bridging Islamic jurisprudence with modern legal mechanisms. 
The Family System in the Social and Cultural Structure of Islamic Society in Indonesia Putra Pandu Dinata Nurdiansyah; Ria Anjani; M. Aunul Hakim
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 19, No. 6 : Al Qalam (November 2025)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v19i6.5079

Abstract

Kinship or family systems include marriage and descent relationships, where a person is considered a relative if they are related by blood, such as siblings. Kinship systems shape the social structure of society and depend heavily on it. This research aims to understand and analyze the function of the kinship system in shaping and influencing the social and cultural structure of Indonesian society. The study will also identify the problems faced and provide suggestions for the development and reconstruction of the kinship system to ensure fair justice. This research uses library research with a sociological approach. This study concluded that the kinship system plays an important role in the formation and influence of social and cultural dynamics among Indonesian Islamic societies. This study shows that kinship systems, especially those based on Islamic values, strengthen family relationships and preserve cultural values passed down from generation to generation. Nonetheless, the study also found challenges in adjusting traditional values to social change and modernity. It is hoped that sustainable solutions can be found to maintain a balance between Islamic traditions and the needs of modern Indonesian society by understanding the role and complexity of these kinship systems.
Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts Putra Pandu Dinata Nurdiansyah; Lalu Muhammad Tamimi; Erfaniah Zuhriah; Naufal Rifqi Nasution
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/2kf5f656

Abstract

Purpose - This study examines the urgency of reforming mediation regulations in Islamic family law disputes in Indonesian religious courts to be more responsive, in line with Islamic values and contemporary legal needs. The current mediation framework is often criticized for its rigidity, legal uncertainty, and procedural inefficiency, which hinder the timely resolution of disputes and limit access to justice. Methods - This study uses a normative legal research method with a legislative approach analysis. Primary and secondary legal materials were collected using a document study method, and these legal materials were then grouped and analyzed according to the formulation of each issue. Findings - The research identifies major regulatory shortcomings, including the weak enforceability of mediated agreements, inadequate mediator qualifications, and the absence of institutional support to encourage mediation. These issues contribute to prolonged litigation and discourage parties from choosing mediation. Reform is needed to establish a more flexible, transparent, and enforceable mediation system that upholds both procedural justice and Islamic legal principles. Research Limitations: This study is limited by its focus on analyzing regulations related to mediation that apply in Indonesia. Originality/Value: The study offers a conceptual framework for reconstructing mediation regulation by bridging Islamic jurisprudence with modern legal mechanisms. 
Co-Authors Erfaniah Zuhriah Lalu Muhammad Tamimi M. Aunul Hakim Naufal Rifqi Nasution Naufal Rifqi Nasution Ria Anjani