Dispute Resolution of Shared Asset Through Mediation at the Muara Bungo Religious Court

DOI

10.2991/978-2-38476-110-4_68How to use a DOI?

Keywords

Mediation; Religious Court; Shared Asset

Abstract

Dissolution of marriage due to divorce will result in shared assets. According to the Marriage Law, the division of joint assets is divided according to their respective laws. Differences of opinion that occur between husband and wife regarding the distribution of joint assets, then the settlement can be carried out in non-litigation (outside court) and in litigation (judicial institutions). For litigation settlement according to PERMA Number 1 of 2016 concerning Mediation, the Court must first seek a settlement through mediation. At the Muara Bungo Religious Court in the period from 2019 to 2022 there were 17 joint property cases that underwent mediation. The formulation of the problem in this study is how effective is the resolution of joint property disputes by mediation at the Muara Bungo Religious Court and what are the obstacles to implementing joint property dispute mediation at the Muaro Bungo Religious Court. The research method used in this research is to use a non-doctrinal research type using primary data and secondary data. The results showed that community factors were the determining factor for not optimal mediation at the Muara Bungo Religious Court, the lack of knowledge and understanding of the community about mediation made them reluctant to resolve joint property disputes through mediation in court. In addition, the role of the mediator also determines the success of mediation. Mediators can conduct several mediation sessions within a 30-day period and thirty extensions. From the data obtained at the Muara Bungo Religious Court, out of 9 cases that were unsuccessful, 4 cases. The meeting was only held in one session, so the meeting time was not optimally utilized. Obstacles in the implementation of joint property dispute settlement by mediation at the Muara Bungo Religious Court were the bad intentions of the disputing parties to participate in mediation and the factor of not being carried out by the caucus when mediation was deadlocked.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sarmiar
AU  - Umar Hasan
AU  - Suhermi
AU  - Rosmidah
PY  - 2023
DA  - 2023/11/07
TI  - Dispute Resolution of Shared Asset Through Mediation at the Muara Bungo Religious Court
BT  - Proceedings of the 4th Green Development International Conference (GDIC 2022)
PB  - Atlantis Press
SP  - 682
EP  - 691
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-110-4_68
DO  - 10.2991/978-2-38476-110-4_68
ID  - 2023
ER  -