Mediation Implementation in the Settlement of Divorce Cases in the Religious Courts

DOI

10.2991/assehr.k.200529.273How to use a DOI?

Keywords

implementation, mediation, religious courts

Abstract

Mediation as an effort to reconcile the parties to the litigation is an obligation before the case is examined. Peace efforts are not only a formality but must be carried out seriously so that the problems between the two sides meet. The issuance of Supreme Court Regulation No. 1 of 2016 in the Court is expected to be an early milestone in the effectiveness of peace efforts or mediation within the court, not only on a theoretical level but also in practice Mediation is a way of resolving disputes through the negotiation process to obtain the agreement of the parties with the assistance of the parties’ mediator. Therefore, it is appropriate for the judges of the Religious Courts to realize and carry out the function of “reconciling”. However fair the verdict is, a better and fairer peace outcome. As fair as the verdicts are handed down, judges will be considered and deemed fair by the winning party. Another case with peace, the results of a sincere peace based on mutual agreement of the parties to the dispute, free from the qualifications of winning and losing. They are both winners and winners or win-win solutions so that both parties recover in an atmosphere of harmony and brotherhood. Divorce itself means the abolition of marriage by a judge’s decision or a claim by one of the parties to the marriage by filing a divorce request to the Religious Court. Mediation can lead the parties to the realization of a permanent and sustainable peace agreement, bearing in mind that dispute resolution through mediation puts both parties in the same position. The benefit of the dispute through mediation is very beneficial because the parties have reached an agreement that ends the dispute in a fair and mutually beneficial manner.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mardalena Hanifah
PY  - 2020
DA  - 2020/05/29
TI  - Mediation Implementation in the Settlement of Divorce Cases in the Religious Courts
BT  - Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)
PB  - Atlantis Press
SP  - 81
EP  - 83
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200529.273
DO  - 10.2991/assehr.k.200529.273
ID  - Hanifah2020
ER  -