REFORMULASI HUKUM MEDIASI SENGKETA PERCERAIAN BERASASKAN PEMBERDAYAAN DENGAN METODE REFRAMING SEBAGAI UPAYA PENYELESAIAN SENGKETA PERCERAIAN

TURATMIYAH, SRI and Emirzon, Joni and Yahanan, Annalisa (2025) REFORMULASI HUKUM MEDIASI SENGKETA PERCERAIAN BERASASKAN PEMBERDAYAAN DENGAN METODE REFRAMING SEBAGAI UPAYA PENYELESAIAN SENGKETA PERCERAIAN. Doctoral thesis, Sriwijaya University.

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Abstract

This dissertation was motivated by the high divorce rate in Indonesia. Therefore, it is necessary to reformulate the law on mediation of divorce disputes. The normative research was supported by field data aiming to analyze the dynamics of the regulation and implementation of divorce dispute mediation in the jurisdiction of Religious Courts in Indonesia, the significance of resolving divorce disputes through mediation, the urgency of separating divorce dispute mediation as an Alternative Institution for Independent Marriage Dispute Resolution based on the empowerment with the reframing method, and the reformulation of mediation law as an effort to resolve divorce disputes. The results of the study showed that the dynamics of the regulation and implementation of divorce dispute mediation adopted the HIR and RBg on peace institutions strengthened by the Supreme Court Circular Letter (SEMA) and several Supreme Court Regulations (PERMA) on the integrated mediation in the process of proceedings in the court which had to be taken by the parties and it was not appropriate because the mediation was voluntary to be mandatory; mediation is known as an alternative dispute resolution to litigation mediation. The significance of resolving divorce disputes through integrated mediation in court was not significant because the mediation adopted the HIR and RBg in the context of material disputes with the making of acta van dading. Therefore, the mediation in PERMA was not appropriate and not optimal. The urgency of separating mediation from litigation to non-litigation is very important and is expected to reduce the number of divorces in Indonesia because there is a contradiction in the values of mediation whose principle is voluntary to be mandatory and restores the values of mediation in accordance with the philosophy of the Indonesian Country of Pancasila, i.e. consensus deliberation, the mediation becomes an Alternative Institution for Marriage Dispute Resolution. The legal reformulation of divorce dispute mediation is supported by the principle of empowerment with the reframing method which is a collaboration in the legal system, namely the substance of the law, the legal structure, and the legal culture. The legal reformulation related to the divorce dispute mediation through the Marriage Dispute Settlement Institution (LAPSP) binds the parties and becomes the basis for the dispute to be processed in court hearings. Precisely the legal reformulation of the reframing method for mediators is to reach an agreement between the parties and improve the ability of the parties through the principle of empowerment to support the success of mediation through the legal culture. The government an MARI should make rules related to LAPSP as an independent mediation of divorce disputes

Item Type:	Thesis (Doctoral)
Uncontrolled Keywords:	Asas Pemberdayaan, Metode Reframing,Lembaga Alternatif, Penyelesaian Sengketa Perceraian
Subjects:	K Law > K Law (General) > K670-709 Domestic relations. Family law
Divisions:	02-Faculty of Law > 74001-Law (S3)
Depositing User:	Sri Turatmiyah
Date Deposited:	27 Jul 2025 14:01
Last Modified:	27 Jul 2025 14:01
URI:	http://repository.unsri.ac.id/id/eprint/180416

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