The Effectiveness of Mediation in Divorce Case at Denpasar Religious Court

DOI

10.2991/assehr.k.200917.017How to use a DOI?

Keywords

Effective, Mediation, Divorce

Abstract

Mediation as one of Alternative Dispute Resolution having the ascendcy in the Indonesian Legal System. This mediation was considered as a way of dispute resolution humane because the mechanism for decision making within the authority of the parties in dispute and maintaining good relation and fair because the parties conveyed his intention and first each other and negotiated a way to the problem and the result obtained the agreement of the parties. According to article 130 of Herzien Inlandsch Reglement and article 154 Rechtreglement voor de Buitengewesten mediation has known at Indonesian court. After that in 2008 the Indonesian Supreme Court with The Supreme Court Regulation (PERMA) No.1 in 2008 introduced a regulation requiring that all court should adopt a uniform mediation procedure. At 2016 Indonesian Supreme of Court make a revision in that regulation with The Supreme Court Regulation No. 1 in 2016. Therefore, the author interest to inspect how effectiveness the mediation with PERMA No.1 in 2016 in reducing made divorce in religion court. This reseach used research law normative by adopting qualitative. The data used is secondary data by the use of primary and secondary as a basic source and analysis of data was qulitative. Processing by the use of deductive method. Religion Court in Denpasar was chosen because moslem presentase in the Bali Province especially in Denpasar is lower betweetn Hindu presentase. And then the presentase divorce case in religion court in Denpasar increasing every year. This research focus on the implementation of mediation in divorce after The Supreme Court Regulation No. 1 in 2016 and to finding the supporting and inhibitor factor on the mediation

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  - Mia Hadiati
AU  - Indah Siti Aprilia
PY  - 2020
DA  - 2020/09/17
TI  - The Effectiveness of Mediation in Divorce Case at Denpasar Religious Court
BT  - Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)
PB  - Atlantis Press
SP  - 69
EP  - 72
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200917.017
DO  - 10.2991/assehr.k.200917.017
ID  - Hadiati2020
ER  -