Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates

The purpose of marriage is to create an eternal and happy family based on Belief in the One and Only God, as stipulated in Article 1 of Law no. 1 of 1974 concerning Marriage. As a legal relationship, marriage creates legal consequences for the parties, where sometimes the rights and obligations are...

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Main Author: Sri Turatmiyah
Format: Article
Language:Indonesian
Published: Universitas Trunojoyo Madura 2024-06-01
Series:RechtIdee
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Online Access:https://journal.trunojoyo.ac.id/rechtidee/article/view/22202
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author Sri Turatmiyah
author_facet Sri Turatmiyah
author_sort Sri Turatmiyah
collection DOAJ
description The purpose of marriage is to create an eternal and happy family based on Belief in the One and Only God, as stipulated in Article 1 of Law no. 1 of 1974 concerning Marriage. As a legal relationship, marriage creates legal consequences for the parties, where sometimes the rights and obligations are not carried out by one of the parties. This triggers conflicts that lead to divorce. Indonesian marriage law adheres to the principle of complicating divorce which requires the parties to mediate in resolving divorce disputes. The purpose of this research is to find the ideal model of mediating divorce disputes before being registered with the court as a solution to reduce divorce rates. Normative research methods with library materials as the main legal material. analyzed by descriptive qualitative. The results of this research are divorce mediation which is regulated in Perma No. 1 of 2016 as part of the proceedings in court has not shown significant results. Even though mediation is mandatory, almost in the jurisdiction of the mediation court many failures result in husband and wife ending in divorce. Mediation is based on the meaning of marriage as miitsaqan ghalizhan as the basis for the need for renewal of marriage law in the field of divorce. This mediation model before the dispute is registered with the court on the principle of deliberation to reach a consensus with the aim of maintaining the household. If this ideal mediation fails, then it is registered in court and continued in court.
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spelling doaj-art-d4fd0c07bbbe49cbb24e3fbe54ab61f32025-01-17T13:26:45ZindUniversitas Trunojoyo MaduraRechtIdee1907-57902502-762X2024-06-011919912610.21107/ri.v19i1.222028976Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce RatesSri Turatmiyah0Fakultas Hukum, Universitas SriwijayaThe purpose of marriage is to create an eternal and happy family based on Belief in the One and Only God, as stipulated in Article 1 of Law no. 1 of 1974 concerning Marriage. As a legal relationship, marriage creates legal consequences for the parties, where sometimes the rights and obligations are not carried out by one of the parties. This triggers conflicts that lead to divorce. Indonesian marriage law adheres to the principle of complicating divorce which requires the parties to mediate in resolving divorce disputes. The purpose of this research is to find the ideal model of mediating divorce disputes before being registered with the court as a solution to reduce divorce rates. Normative research methods with library materials as the main legal material. analyzed by descriptive qualitative. The results of this research are divorce mediation which is regulated in Perma No. 1 of 2016 as part of the proceedings in court has not shown significant results. Even though mediation is mandatory, almost in the jurisdiction of the mediation court many failures result in husband and wife ending in divorce. Mediation is based on the meaning of marriage as miitsaqan ghalizhan as the basis for the need for renewal of marriage law in the field of divorce. This mediation model before the dispute is registered with the court on the principle of deliberation to reach a consensus with the aim of maintaining the household. If this ideal mediation fails, then it is registered in court and continued in court.https://journal.trunojoyo.ac.id/rechtidee/article/view/22202alternatives to divorce disputesmediation ideal modellegal development
spellingShingle Sri Turatmiyah
Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates
RechtIdee
alternatives to divorce disputes
mediation ideal model
legal development
title Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates
title_full Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates
title_fullStr Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates
title_full_unstemmed Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates
title_short Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates
title_sort ideal model of marital dispute mediation in order to minimize divorce rates
topic alternatives to divorce disputes
mediation ideal model
legal development
url https://journal.trunojoyo.ac.id/rechtidee/article/view/22202
work_keys_str_mv AT srituratmiyah idealmodelofmaritaldisputemediationinordertominimizedivorcerates