Jurnal CENDIKIA ISNU
Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU

Case Study of Alternative Dispute Resolution (Marriage Annulment Dispute Resolution)

Zulkifli Ritonga (KEMENAG Humbang Hasundutan)
Watni Marpaung (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 May 2024

Abstract

This case study discusses alternative dispute resolution of annulment through a non-litigation approach, specifically through mediation. The background of this research is based on the increasing number of marriage annulment cases in Indonesia which often cause prolonged conflicts between the parties. The research method used is a normative juridical approach with case studies, which analyzes laws and regulations, legal doctrines, and out-of-court dispute resolution practices. Data was obtained through document studies and interviews with legal practitioners and parties involved in marriage annulment cases. The results of the study show that mediation as an alternative to dispute resolution in marriage annulment offers several advantages, including cost and time savings, as well as the maintenance of a better relationship between the parties. Mediation allows for a win-win solution, which is often not possible through litigation. The conclusion of this study is that mediation can be an effective method in resolving marriage annulment disputes, as it allows for a faster, cheaper, and peaceful resolution, as well as providing space for the parties to reach an agreement voluntarily. Therefore, the promotion and strengthening of mediation as an alternative to resolving marriage annulment disputes needs to be improved in the Indonesian legal system.

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...