International Journal of Contemporary Islamic Law and Society
Vol 2 No 1 (2020)

The Effectiveness of Indonesia Supreme Court Regulation Number 1 Year 2016 Concerning Mediation of Marriage Disputes

Sukaenah Sukaenah (Islamic Law Department, Postgraduate, Institut Agama Islam Negeri Palu)
Rusli Rusli (Islamic Law Department, Postgraduate, Institut Agama Islam Negeri Palu)
M. Taufan B (Islamic Law Department, Postgraduate, Institut Agama Islam Negeri Palu)



Article Info

Publish Date
01 Aug 2020

Abstract

This paper discusses the effectiveness of Indonesia Supreme Court Regulation No. 1 year 2016 concerning mediation marital disputes in the Religious Court. This study used qualitative research method. Data was gathered through observation, in-depth interviews, and documenta studies. Data were analyzed through data reduction, presentation, verification, and conclusion drawing. The results of the study shows that effectiveness of PERMA No. 1 of 2016 has been successfully implemented, but the regulation is not effective to reduce divorce rates. This is because the cases that have been reconciled are still few compared to failed mediation. The efforts carried out by the mediator to make mediation effective are merely to act as facilitators by explaining the purpose of mediation to litigants, providing facilities to carry out mediation and increasing the ability of mediators. Supporting factors: Implementation of Mediation based on PERMA Number 1 Year 2016 which is effective, Qualification of Mediators, Facilities, Community Compliance and cultural factors. Inhibiting factors includes technical factors such as mediator limitations, longer mediation time, non-technical factors includes lack of understanding for the parties about the importance of mediation.

Copyrights © 2020






Journal Info

Abbrev

ijcils

Publisher

Subject

Religion Social Sciences

Description

The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on ...