El-Izdiwaj: Indonesian Journal of Civil and Islamic Family Law
Vol. 6 No. 1 (2025): Juni 2025

MEDIATION IN MARRIAGE ANNULMENT CASES UNDER SUPREME COURT REGULATION (PERMA) NO. 1 OF 2016 ON COURT MEDIATION PROCEDURES

Burhanuddin, Ahmad (Unknown)
Marnila Sari, Nani (Unknown)
Sahrin, Muhammad Farhan (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

The Religious Court of Tanjung Karang, in Decision Number 1240/Pdt.G/2024/PA.Tnk, conducted mediation in a marriage annulment case. Although Article 4 paragraph (2) letter d of Supreme Court Regulation (PERMA) Number 1 of 2016 stipulates that marriage annulment cases are exempted from mandatory mediation, the judge exercised discretion to carry out mediation in this case.This research employs normative and empirical juridical methods with a case study approach. The findings indicate that the implementation of mediation in marriage annulment cases does not contravene procedural law, as the exemption in PERMA Number 1 of 2016 does not amount to an absolute prohibition. On the contrary, mediation in this context provides the parties with an opportunity to resolve their disputes amicably and in a familial spirit, reflecting the values of deliberation in Islamic law as well as the modern judicial principles of being swift, simple, and low-cost. Therefore, the judge’s decision is considered lawful and in accordance with the prevailing legal framework.  

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Journal Info

Abbrev

ElIzdiwaj

Publisher

Subject

Religion

Description

El Izdiwaj Indonesian Journal of Civil and Islamic Family Law jurnal yang membahas artikel dalam bidang hukum keluarga Islam dan hukum perdata dengan berbagai ...