PENDEKATAN HIBRIDA DALAM PENYELESAIAN SENGKETA PERKAWINAN

The rising divorce rate in Indonesia indicates a structural gap in family dispute resolution, which litigation alone fails to address. This article explores a hybrid approach by integrating legal advocacy with community-based mediation. Drawing from empirical data and judicial practice, the study finds that involving advocates as peace facilitators and religious leaders as trusted mediators enhances the potential for substantive justice and sustainable reconciliation. This approach not only minimizes the psychological and social impact of divorce but also strengthens the legitimacy of dispute resolution by incorporating religious and cultural values. The study calls for a paradigm shift in legal advocacy towards a more contextual, humanistic, and inclusive model for resolving family disputes.

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Publication Details

Journal
ASA
Published
2025-08-28
DOI
https://doi.org/10.58293/asa.v7i2.152
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
0.00
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article

PENDEKATAN HIBRIDA DALAM PENYELESAIAN SENGKETA PERKAWINAN

ASA
Geochemistry and Geologic Mapping
article

PENDEKATAN HIBRIDA DALAM PENYELESAIAN SENGKETA PERKAWINAN

article en

Abstract

The rising divorce rate in Indonesia indicates a structural gap in family dispute resolution, which litigation alone fails to address. This article explores a hybrid approach by integrating legal advocacy with community-based mediation. Drawing from empirical data and judicial practice, the study finds that involving advocates as peace facilitators and religious leaders as trusted mediators enhances the potential for substantive justice and sustainable reconciliation. This approach not only minimizes the psychological and social impact of divorce but also strengthens the legitimacy of dispute resolution by incorporating religious and cultural values. The study calls for a paradigm shift in legal advocacy towards a more contextual, humanistic, and inclusive model for resolving family disputes.

ASAVol. 7(2)
Universitas Islam Jember (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 37%
Geochemistry and Geologic Mapping
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