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INSTITUTIONAL REINFORCEMENT OF ALTERNATIVE DISPUTE RESOLUTION (ADR) WITHIN THE INDONESIAN LEGAL FRAMEWORK NAVIGATING PRACTICAL DEMANDS AND JUDICIAL PARADIGM SHIF Alimal Yusro Siregar; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

This study examines the implementation and challenges of reorienting the role of judges as mediators in civil cases through the Alternative Dispute Resolution (ADR) mechanism at the Blangkejeren Sharia Court. Within the framework of national civil procedural law reform, the role of judges is no longer limited to deciding cases, but must transform into peace facilitators. This reorientation is normatively reinforced by Supreme Court Regulation Number 1 of 2016, which requires mediation efforts in every civil case before the main examination. However, at the empirical level, implementation at the Blangkejeren Sharia Court shows a striking duality between the relatively high statistical achievements of mediation and the complexity of obstacles that hamper its effectiveness. The limited number of certified mediator judges, limited time due to caseloads, and resistance to the community's litigative culture are crucial inhibiting factors. Through the approaches of legal system theory (Friedman), living law (Ehrlich), and legal objectives (Radbruch), this study critically examines the gap between the asynchronous legal structure and legal culture. The analysis shows that despite progressive regulations, mediation practices are still implemented solely for procedural purposes, rather than as a substantive mechanism that addresses the root values of society. The novelty offered is the idea of locality-based, sharia-based participatory mediation that combines formal legal values with local socio-religious norms. The Blangkejeren Sharia Court, with its Gayo community-based characteristics rich in deliberation, is worthy of being a national prototype for culture-based ADR transformation. Thus, this research not only fills a gap in the literature but also directly encourages concrete reforms to the face of religious courts to make them more humane, effective, and rooted.
POLITICAL LEGAL IN SETTING THE AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 AND MARRIAGE DISPENSATION IN PERMA NUMBER 5 OF 2019 Ismaidar; Alimal Yusro Siregar
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 3 (2024): FEBRUARY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v3i3.368

Abstract

Law Number 16 of 2019 Amendments to Law Number 1 of 1974 concerning Marriage increases the minimum age for marriage for both men and women to 19 years. This is not just equalizing the minimum age for men and women, but there are government legal policies to improve the quality of Indonesian marriages. The age limit for marriage for citizens is in principle intended to ensure that couples who are getting married are expected to have maturity of thought, mental maturity and adequate physical strength. The legal politics of marriage dispensation in Indonesia are related to Marriage Law. Marriage dispensation is regulated in the law because the minimum age limit for marriage has been changed to 19 years for both sexes. Marriage dispensation legal policies are influenced by philosophical and sociological considerations such as justice, benefit, expediency and legal certainty. PERMA Number 5 of 2019 provides guidelines and standards for judges in considering and determining dispensational marriages and paying attention to the best interests of children. However, clearer clarification is needed from the State regarding the emergency situation that allows marriage dispensations and stricter procedures for marriage dispensation to prevent premature marriage.