Divorce Disputes Research Articles

Kompleksitas Perceraian Akibat Murtad: Analisis Peran Pengadilan Agama dalam Konteks Hukum Islam

Divorce on grounds of apostasy is a complex research topic within Islamic law. This study explores the legal provisions of apostasy within the context of Islamic marriage law, with a focus on the role of the Religious Courts as dispute resolution institutions. The aim of this research is to investigate whether apostasy can constitute a valid basis for divorce according to the applicable law in the Religious Courts. The research method employed is a normative juridical approach to analyze the legal framework governing divorce cases involving apostasy. The research findings indicate that although apostasy can annul a marriage in religious terms, the Religious Courts do not always grant divorce without evidence of marital discord related to apostasy. This highlights the complexity of applying Islamic law in the context of divorce within the Religious Courts. Analysis of Article 116 (h) of the Compilation of Islamic Law regarding apostasy as a basis for divorce reveals that divorce is determined not only by religious conversion but also by the occurrence of marital discord resulting from apostasy. The implications of this discovery underscore the importance of a comprehensive understanding of Islamic law and contextual considerations in the process of resolving divorce disputes in the Religious Courts.

Upaya Mantan Istri Dalam Menuntut Nafkah Anak Pasca Perceraian

The purpose of this study is to answer how ex-wives' efforts in demanding child support after divorce. The research method used is empirical normative with deductive approach analysis. The results of the study stated that, if related to the problems in this paper that concern efforts that can be made to force the male parent (father) to fulfill the contents of the decision of the Religious Court that punishes him to provide for the child, then the mother can request the execution of payment of living expenses to the Religious Court to force the male parent (father) to provide for the child's bread. The mother can apply for execution against the male parent (father) who neglects the obligation to provide for the child, of course, it can only be done if the male parent (father) has property that can be executed. The issue of living costs cannot also be overcome through legal remedies if it turns out that the property of his parents does not exist, so even if he asks for execution it will be in vain. Furthermore, if from the beginning, the cost of living is not requested by the mother at the time of examination of the divorce dispute and then it turns out that the male parent (father) did not provide the child's bread, then the mother can file a claim for child support against the male parent (father) to the Religious Court which is separate from the previous divorce dispute.

The Role of Judge Mediator in the Divorce Mediation Process at Masamba Religious Court North Luwu Regency

This research aims to explain and analyse the mediation process at the Masamba Religious Court in implementing the mediation procedure and to identify the position and duties of the Mediator in resolving divorce disputes at the Masamba Religious Court, North Luwu Regency. The type of research used is descriptive quantitative and qualitative research by collecting data in the form of numbers and also by interviewing mediator judges so that data analysis can be collected. The results showed that the implementation of mediation in the Masamba Religious Court was in accordance with the procedures as stated in Supreme Court Regulation Number 1 of 2016 concerning Mediation in Court, but the effectiveness of the implementation of mediation could still not be said to be optimal, considering that the mediation process that was carried out was only a little with a minimal success rate. While the supporting factors and inhibiting factors for the success of mediation in divorce cases at the Masamba Religious Court are still not effective, due to factors that cause the failure of the mediation process in achieving peace in the jurisdiction of the Masamba Religious Court, including: First, the parties are not in good faith. Second, The conflict between the parties has been protracted and has become increasingly complicated. Third, the Competence of the Judge as a Mediator.

Disparitas Keberhasilan Mediasi Antara Perkara Perceraian dan Sengketa Ekonomi Syariah di Pengadilan Agama Surabaya

The Surabaya Religious Court has implemented mediation as stipulated in PERMA Number 1 of 2016, such as divorce disputes and sharia economic disputes that have been handled several times but in practice the mediation process carried out cannot be fully successful. The purpose of this research is to find out the facts regarding the comparison of the success of mediation of divorce disputes and sharia economic disputes carried out by the Surabaya Religious Court. in this study discusses the comparison of the success of mediation between divorce disputes and economic disputes as well as discussing the factors that become success and failure in the mediation process. The research method uses qualitative research conducted through an empirical juridical approach with a focus on the effectiveness of mediation in the two disputes through observation techniques, interviews as primary data and secondary data collected through library studies. The results of this study indicate a comparison of the success of mediation of divorce disputes in the Surabaya Religious Court when presented amounts to 12.97% while sharia economic disputes when presented reach 19.04% it can be seen that sharia economic disputes are higher than divorce disputes, after researching the author found the cause of unsuccessful mediation in divorce disputes because there are more factors that cause both parties not to want to reconcile because of the existence of a third party, the hurt factor does not provide maintenance, the domestic violence factor, the factor of bad faith from the parties. Whereas in sharia economic disputes that cause mediation to be unsuccessful due to lack of good faith and lack of knowledge of the parties about mediation, depending on the characteristics of the parties in addressing the dispute if there are parties who accept solutions from the mediator, a win-win solution is achieved.

PEMBERDAYAAN MEDITOR LOKAL SEBAGAI PROBLEM SOLVER DALAM SENGKETA PERCERAIAN MASYARAKAT MUSLIM DESA KALISAT PASURUAN

The activity with the theme “Empowering Local Meditors as Problem Solvers in Divorce Disputes in the Muslim Community of Kalisat Pasuruan Village” was motivated by the presence of a Supreme Court Regulation (PERMA) with one of its “doctrines” namely the validity of mediators who are entitled to mediate in divorce disputes are mediators consisting of judges or non-judge but certified mediators. This has implications for the "oppression" of local mediators with a wealth of functional insight into the life of village communities. For this reason, in this mentoring program, we use Asset Based Community Development (ABCD) as the approach used. This departs from the initial assumption that local mediators have the ability and insight that are functional in people's lives, primarily related to divorce dispute resolution. Through this mentoring program, there is an increase in the understanding of mediators in understanding and practicing mediation which is known outside the provisions of fiqh, as a companion to the abilities they already have.

The Role of Mediation Agreement of Divorce Which Ended Amicably (Case at Yogyakarta Religious Court)

Mediation is one form of alternative dispute resolution outside the Court. The purpose of mediation is to resolve disputes between the parties by involving a neutral and impartial third party. The process of implementing mediation is actually very simple, but in reality there are many things that hinder or complicate the success of mediation. It is proven from the number of unsuccessful mediations compared to successful mediations in court. The formulation of the problem proposed is: How is the consideration of the divorce mediation peace agreement at the Yogyakarta Religious Court and whether the divorce dispute mediation agreement is in accordance with Supreme Court Regulation (Perma) No. 1 of 2016. The purpose of this research is to find out how the consideration of the peace agreement on divorce mediation in the Yogyakarta Religious Court and to find out the divorce mediation agreement according to Perma No. 1/2016. 1 of 2016. This research includes Empirical Research. Research data were collected by means of interviews and literature study. The analysis was carried out by Sociological Jurisdiction. The results of the analysis at the Yogyakarta Religious Court in 2017 mediation succeeded in reaching an agreement that only 11 cases out of a total of 241 cases were mediated, in 2018 only 19 cases out of a total of 265 cases, in 2019 only 23 cases out of a total of 204 cases, and in 2020 only 16 cases out of a total of 191 cases. Consideration of peaceful mediation, namely the role of the mediator and the good faith of the parties in conducting mediation. 1 of 2016, such as the type of case requiring mediation, good faith in taking mediation, costs incurred in mediation, mediation venue, and mediator certification. This makes mediation successful/peaceful, peace is one of the goals in civil disputes.Â

The Ineffectiveness of Mediation in Divorce Disputes: A Case Study in the Palembang Religious Court

Abstract: This article examines the ineffective of the mediation process in divorce disputes at the Palembang Religious Court during the period from 2020 to 2022. Data was collected through observations, documentation, and interviews with litigants and judges involved in divorce cases at the Palembang Religious Court. Relying on the legal effectiveness theory, the study found that over a span of three years (2020, 2021, and 2022), the Palembang Religious Court successfully mediated only 33 divorce disputes (0.45%) out of a total of 7,338 cases. This indicates that mediation of divorce disputes at the court has not been effectively implemented. The article also reveals several factors contributing to this ineffectiveness, including (1) the complex background and reasons for the parties involved in the disputes, (2) an imbalance between the number of mediator judges and the number of cases brought to the court, (3) a lack of good faith on the part of the parties to engage in the mediation process, (4) inadequate resources and facilities, and (5) a low legal culture and poor legal awareness among the litigants. These findings reinforce the results of previous research on the ineffectiveness of mediation in divorce lawsuits in various courts across Indonesia.Abstrak: Artikel ini mengkaji problem tidak efektifnya proses mediasi sengketa perceraian di Pengadilan Agama Palembang selama rentang waktu 2020 hingga 2022. Data dikumpulkan melalui observasi, dokumentasi dan wawancara dengan sejumlah narasumber, baik yang berperkara maupun yang menangani perkara perceraian di Pengadian Agama Palembang. Penelitian ini menemukan bahwa dalam kurun waktu tiga tahun (2020, 2021 dan 2022), Pengadilan Agama Palembang hanya berhasil memediasi 33 sengketa perceraian (0.45%) dari total 7.338 sengekta perceraian. Hal ini membuktikan bahwa mediasi sengketa perceraian di Pengadilan Agama Palembang belum berjalan secara efektif. Artikel ini juga menemukan bahwa penyebab tidak efektifnya proses mediasi di Pengadilan Agama Palembang, yakni (1) kompleksnya latar belakang alasan para pihak yang bersengketa atau mengajukan perceraian, (2) tidak berimbangnya rasio jumlah hakim mediator dengan banyaknya jumlah perkara yang masuk ke pengadilan, (3) tidak adanya itikad baik dari para pihak untuk melakukan proses mediasi, (4) sarana dan fasilitas yang tidak memadai, dan (5) budaya hukum yang rendah dan minimnya pengetahuan dan kesadaran hukum di kalangan para pihak yang bersengketa. Temuan ini menguatkan hasil penelitian-penelitian sebelumnya tentang tidak efektifnya mediasi dalam sengketa perceraian di berbagai Pengadilan di Indoensia. Keywords: The effectiveness of mediation; divorce disputes; the Palembang Religious Court

Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts

This paper aimed at exploring judges’ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judges’ decision and the results of judges’ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.

A study on the protection of personal rights in the process of divorce

As one of the most basic and prevalent units in society, the happiness and peace of the marital family has an important impact on the stability of society as a whole. With the increasing number of divorce cases in China, domestic violence has now also become one of the main causes of divorce proceedings, and the physical threats present in divorce disputes are bound to infringe on the personal rights of the injured party. To a certain extent, it can also cause irreparable damage to the physical and mental health of even minor children within the family. Therefore, in response to divorce cases caused by domestic violence, China has fully carried out the reform of family trials and implemented the protection of the personal rights of the injured party through the personal safety protection order system stipulated in the Law against Domestic Violence. This article starts from the current situation of divorce in today's society, takes domestic violence as the starting point, takes the right to life and health and the right to personal freedom as the main research objects, combines the habeas corpus system, analyses the necessity of the protection of personal rights of the spouses in the process of divorce and its causes, and then proposes corresponding countermeasures and legal measures to the above problems, and finally achieves the legislative purpose of protecting the personal rights of the injured party.

Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce

The existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a notary in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.

Mediasi Sebagai Penyelesaian Sengketa Cerai

Husband and wife are obliged to love each other, respect, be loyal and provide spiritual and physical assistance to each other. However, sometimes husbands and wives who live the ark of the household often experience complicated conflicts so that divorce is considered the best solution. The purpose of this study is to analyze the peace deed No. 7/Pdt.G/2020/PN Drh. The method for this research is descriptive analytical with normative juridical research using primary, secondary and tertiary data through literature and document studies. The results showed that the divorce lawsuit was processed at the Highlands District Court of Honipopu in West Seram Regency, Maluku Province. The divorce lawsuit finally ended with an agreement between the parties to end the divorce dispute which was resolved through mediation. The peace is stated in the Deed of Peace Number 7/Pdt.G/2020/PN Drh which applies as befits an agreement and has legal consequences if it is not obeyed.

Menakar Fungsi Izin Dan Mediasi Pada Sengketa Perceraian Di Kalangan Pegawai Negeri Sipil Kota Mataram Dari Tahun 2010-2020

Divorce is one of the events in a marriage that is religiously possible. For Muslims the case of divorce is halal but hated by "Allah SWT". For Civil Servants (PNS) Divorce can be done by the mechanism that has been regulated in the Law. One of them is the permit obtained and the stage of mediation that must be done, but in practice there are still many technical obstacles related to the implementation of divorce permits for civil servants, this is certainly a concern for many parties. This research then examines the function of permits and mediation in divorce disputes among civil servants, although the purpose of the required divorce permit is actually in order to complicate (prevent) the occurrence of divorce in the scope of civil servants, this study examines divorce permits and mediation stages for civil servants who are divorced in Mataram city from 2010-2020. By using qualitative methods combined with normative studies.

Were Women “Free” to Divorce in China: The Impact of the Civil Code of the Republic of China Family on Divorce Disputes, 1929-1949

The 1930 law The Civil Code of The Republic of China Family, one of the important part of the Civil Code, gave husbands and wives the equal ability to invoke divorce proceedings in the Republic of China. But reality did not reflect the equitability of the law. This paper questions how free women were to invoke divorce proceedings. Many scholars have considered how the Civil Code was an improvement upon previous laws and provided women with many more rights than in the previous century. This paper challenges this narrative by examining publicized divorce proceedings in newspapers and archives in various places in China. It argues from 1928 to 1949 that despite the legal ability to do so, in practice many factors prevented women from making much use of this law. Women struggled with the high economic and time cost to get divorced. Importantly though it offered equitability to invoke divorce proceedings, The Civil Code did not erode the power of custom, the tradition of living within the husband’s family and the limited access of women to work and education, which restricted women’s ability to take advantages of the law. Only women with economic independence and social position were able to use this law to their benefit.

A feasible method for training classified data with sparsity

Family harmony is an important part of social stability and harmony. Facing the rapid growth of divorce disputes, how to hear the cases quickly and fairly is an urgent matter to be solved. Based on judgment documents from courts located in Southwest of China, this paper studies how to evaluate and predict whether or not a case should be divorced. These documents are characterized by their unbalance and sparsity; besides that, most of variables are bearing with missing value. We propose a feasible method that shows high accuracy on both training and testing datasets. Concisely, oversampling and “clustering” are exploited to data pre-preparation, and recursive feature elimination is applied to deal with variables selection. In this paper we combined Random Forest and XGboost to derive a more feasible and precise model that achieves ninety percent of accuracy.

The impact of lawyer fees on lawyer partisanship: the reciprocity norm may matter

ABSTRACT Do lawyer fees influence lawyer behavior? The impact of lawyer fees on lawyer behavior has been discussed theoretically and anecdotally, mostly from an aspect of economic incentives. Yet little research has empirically examined this issue. This article aims to add one empirical study. I conducted a vignette experiment with 206 Japanese divorce lawyers. Scenarios of divorce disputes involving certain ethical dilemmas were used to measure partisanship. The description of fee arrangement in the scenarios varied to compare three conditions: (a) no specific description of lawyer fee (the control condition), (b) JPY 300 thousand retainer with additional JPY 300 thousand contingency (a typical fee arrangement in Japan), and (c) JPY 450 thousand retainer with no contingency (a lump-sum prepaid arrangement). I found that partisanship of lawyers became higher in conditions with fee descriptions, when they were conscious of (the existence of) the fee. This phenomenon was observed in condition (c) of a lump-sum prepaid fee arrangement as well as in condition (b) of a typical fee arrangement combining a retainer and contingency. The findings indicate that the reciprocity norm, rather than economic incentives, may have a power on the relationship between lawyer fees and lawyer behavior.

THE DEVELOPMENT OF CIVIL LAW PROCEDURES IN THE RESOLUTION OF DIVORCE DISPUTES IN THE RELIGIOUS COURT

Relations which appear from legal actions do not always end well. It is not seldom that it may end with conflicts or disputes which end in court. To demand for the rights which appear from those legal relations, there needs to be some procedures and regulations so that the demand of rights may be carried out according to the law. The law which regulates those things are usually called the civil law procedures. The resolution of civil disputes in court (litigation) and the resolution of civil disputes through a non-court manner (non-litigation) in the context of the divorce dispute resolution in the Religious Court, is a combination between the litigation and the nonlitigation mmethods. This is rather interesting to be studied. The interesting part is its effectivity as a preventive or a repressive effort in handling the divorce cases in the Religious Court.

MEHRİN TÜRK POZİTİF HUKUKU AÇISINDAN YENİDEN DEĞERLENDİRİLMESİ GEREKLİLİĞİ

Mehir İslam-Osmanlı hukuku menşeili bir kavramdır. Bu nedenle mehrin konusu, alt ve üst limiti, mehr-i müeccel ve mehr-i muaccel, mehr-i misil ve mehr-i müsamma gibi ayırımlar, İslam aile hukukunun kendisine has sistemi içerisinde anlam kazanmaktadır. Türk pozitif hukuk doktrininde mehrin hukukî niteliği “bağışlama sözü verme” ve “boşanmanın fer’i sonuçlarından tazminat üzerine anlaşma” olarak nitelendirilmiştir. Yargıtay ise 1959 tarihli İçtihadı Birleştirme Kararı ile mehri, “bağışlama vaadi” olarak kabul etmektedir. Mehrin bu şekilde çözümlenmesi, bir yandan eşler arasında boşanma sonrası uyuşmazlık sayısını artırmakta diğer taraftan Türk Medeni Kanunu’nda eşler arasında eşitlik esasına dayanan adalet anlayışına zarar vermektedir. Öte taraftan, bu çözüm tarzı, müessesenin menşei olan İslam hukuku ile de uyuşmamaktadır. Yargıtay’ın “mehir” adı altında nihayete erdirdiği ihtilaf konuları İslam hukukuna göre “mehir” olmayabilmektedir. Kanaatimizce her hukuk sisteminde aile hukuku eşler arasında adaleti tesis edici araçlarıyla bir bütündür. Bu nedenle mehrin “toplumsal kabulü” göz önünde bulundurulmalı; ancak müessese “pozitif hukukta” uyuşmazlık konusu olmaktan çıkarılmalıdır. Bunun için bizce, en ideal çözüm, müesseseyi TMK’nın “aile cüzdanı ve dinî tören” kenar başlıklı 143. maddesine eklenecek bir fıkra ile “eksik borç” haline getirmektir. Böyle bir düzenleme, Türk aile hukukunda eşler arasında eşitlik esasında kurulan adil dengeye zarar vermez; karı koca arasındaki uyuşmazlık sayısını azaltır ve uygulamaları “mehr-i muaccele” yönlendirerek İslam hukukuna aykırılık teşkil etmez.

IMPLIKASI PENERAPAN PERATURAN MAHKAMAH AGUNG NO. 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN TERHADAP CAPAIAN ASAS FLEKSIBILITAS (Studi Kasus pada Pengadilan Agama Kelas 1 B Watampone)

One of the civil event principles of justice is flexibility ground as contained in Section 2 ( 4) Law Number 48 the Year 2009 about Judicial Power that jurisdiction conducted mainly, quickly, and light expense. Tone with Perma RI Number considering 1 the Year 2016 about the procedure of mediation in Justice. Base Flexibility represents expectation all party, especially to is drawee of divorce dispute in Justice Of Religion. PERMA Number 1 the Year 2016 representing Appellate Court effort in integrating meditation into process attend legal procedure in Justice, where expected can overcome the problem of heaping of the case, and also strengthen and maximize function institute justice in solving of dispute. Besides that, process mediation becomes to increase because there are section 130 HIR and 154 RBG obliging mediation each early conference, and if not be executed to cause conference of cancelation for the shake of law. Even farther that mediation can be executed till the decision of Eintracht. But that way direct exes of the PERMA is its time become length (old), expense increase, and entangle mediator with all is the protocol of him so that make process attends legal procedure do not modestly (complicated). This Research represent research of field (Field of Research) having the character of qualitative [in] area punish by using the approach of juridic, that is using science theory punish in explaining implication applying of Regulation of Appellate Court of RI to flexibility ground performance at dispute divorce in Justice of Religion Class 1 B Watampone.

Specijalizacija sudija za rešavanje bračnih sporova

The specialization of judges and/or specialized courts, as the reality of modern legal systems, take many forms: a specialized judge dealing with a limited legal area or cases relating to a particular factual situation in certain areas (such as, e.g. family law), specialized councils at existing courts (e.g. family council) or separate special courts (e.g. family courts). Modern family law defines a divorce judge as mediator, controller and protector of children's interests, as well as of the balance of interests of spouses, whose main role is the consensual and complete regulation of the consequences of the marriage dissolution and, in other cases, the resolution of the divorce dispute by judgement on merits based on all the evidence presented. Such a complex court role requires not only an in-depth knowledge of legal matter but also a multidisciplinary approach to dispute resolution and imposes a specialization requirement in family matters, especially when it comes to high-conflict divorce cases. The subject of this paper is an analysis of the specialization of judges in the resolution of a high-conflict divorce dispute, taking into account all the advantages and disadvantages of specialization of judges, i.e. courts in that matter. Also, the aim of the paper is to consider the possibilities of better and more efficient work of the courts of the Republic of Serbia in this field, as well as the possibilities of specialization of judges in family law or the establishment of special family courts.

Family Reorganization in the Japanese Family Conciliation System: Resolving Divorce Disputes Involving Minor Children

Family Reorganization in the Japanese Family Conciliation System: Resolving Divorce Disputes Involving Minor Children