Peaceful Way Before Separation: Examining the Effectiveness and Procedures of Mediation in Resolving Divorce Disputes in Religious Courts

The high divorce rate demands effective and peaceful dispute resolution efforts, primarily through mediation in court. This study aims to examine the effectiveness and procedures of mediation in court in resolving divorce disputes in a structured and peaceful manner. Using a normative legal research method with a descriptive-analytical approach, this study analyzes laws and regulations related to mediation procedures in Indonesia, including Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. The study's results indicate that mediation has proven effective in reconciling couples about to divorce. According to the Regulation of the Minister of Religious Affairs Number 1 of 2016, the mediation procedure in the Religious Court begins with pre-mediation, continues with the mediation process facilitated by the mediator, and ends with the recording of the mediation conclusion. The success of mediation is marked by a peace agreement stated in a peace deed. This study suggests the importance of increasing the capacity of mediators, socializing the benefits of mediation, and developing innovative mediation models to optimize the function of mediation as a means of resolving divorce disputes effectively, efficiently, and peacefully.

Authors

Institutions

Publication Details

Journal
Strata Social and Humanities Studies
Published
2024-10-31
DOI
https://doi.org/10.59631/sshs.v2i2.261
Primary Topic
Multicultural Socio-Legal Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Peaceful Way Before Separation: Examining the Effectiveness and Procedures of Mediation in Resolving Divorce Disputes in Religious Courts

Safrudin Safrudin
Strata Social and Humanities Studies
Multicultural Socio-Legal Studies
article

Peaceful Way Before Separation: Examining the Effectiveness and Procedures of Mediation in Resolving Divorce Disputes in Religious Courts

Safrudin Safrudin
article en

Abstract

The high divorce rate demands effective and peaceful dispute resolution efforts, primarily through mediation in court. This study aims to examine the effectiveness and procedures of mediation in court in resolving divorce disputes in a structured and peaceful manner. Using a normative legal research method with a descriptive-analytical approach, this study analyzes laws and regulations related to mediation procedures in Indonesia, including Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. The study's results indicate that mediation has proven effective in reconciling couples about to divorce. According to the Regulation of the Minister of Religious Affairs Number 1 of 2016, the mediation procedure in the Religious Court begins with pre-mediation, continues with the mediation process facilitated by the mediator, and ends with the recording of the mediation conclusion. The success of mediation is marked by a peace agreement stated in a peace deed. This study suggests the importance of increasing the capacity of mediators, socializing the benefits of mediation, and developing innovative mediation models to optimize the function of mediation as a means of resolving divorce disputes effectively, efficiently, and peacefully.

Strata Social and Humanities StudiesVol. 2(2)
Universitas 17 Agustus 1945 Cirebon (ID)
Openalex Percentile: Top 55%
Multicultural Socio-Legal Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.