Divorce Mediation in Islamic Religious Court in the Era of Covid-19 Pandemic (Published)
Divorce is considered a very difficult process in a family. Societies and religious courts work hand in hand to prevent divorce. However, in some cases, divorce can not be avoided due to various social, psychological, and economic problems. As such, to prevent divorce, religious courts provide mediation programs to persuade couples to divorce. During the Covid-19 pandemic, the divorce rate increased, and mediation has been intensively practiced by the religious courts to reduce the divorce rate. However, limited studies have been conducted to understand how mediation is practiced at religious courts during the Covid-19 pandemic. This study uses a qualitative approach to examine the implementation of divorce mediation in a religious court within a regency in Indonesia. Data was gathered through in-depth interviews and direct field observation. Written materials were also analyzed to understand the case. The results of this study show that the implementation of mediation in divorce during the Covid-19 pandemic in the Regency Religious Court was implemented in two stages, namely the stage before mediation and the implementation of mediation. In carrying out mediation, the caucus and virtual methods have been chosen as two methods of divorce mediating in the era of the Covid-19 pandemic. The two methods have transformed in response to the pandemic and new technological advancements. The transformation is considered relevant to Islamic law and principles. This means religious courts and Muslim societies are responsive to new technological development.
Keywords: COVID-19 pandemic, Divorce, Islamic Law, Mediation, religious court
The role of mediation in resolving criminal disputes (Published)
Relying on alternative means for resolving conflicts has become an urgent necessity in our time to keep pace with the social, economic, political, cultural and technological changes that the contemporary world knows. As the judiciary, as the competent authority to adjudicate conflicts and disputes, is no longer able to address the huge number of issues before it. Hence the idea of alternative means to resolve disputes, which received special attention from various legislations, as public policy was becoming tend towards consensual solutions or restorative justice in many issues and areas as a reliable strategic option in resolving disputes. And criminal mediation is one of the newly developed methods resulted by contemporary criminal policy to contribute to treating the massive and continuous increase in the number of cases before criminal courts, and a reliable strategic option in resolving disputes of a simple nature that do not pose a threat to public order.
Keywords: Crime, Mediation, criminal policy, legislations, resolving disputes
Mediation in Electronic Dispute (Published)
Accelerated spread of trade and electronic trade in particular paves the way to growth of disputes rates arises thereof; consequently, looking for new ways to settle such disputes electronically becomes a must. These ways should conform to nature of such processes in term of speed and execution using the Internet. Hence, the electronic mediation emerged as an alternative for settling disputes between individuals, and it is characterized with easiness, confidentiality, low costs and quickness.
Keywords: Criteria, Electronic Disputes, Mediation
Mediation in Electronic Dispute (Published)
Accelerated spread of trade and electronic trade in particular paves the way to growth of disputes rates arises thereof; consequently, looking for new ways to settle such disputes electronically becomes a must. These ways should conform to nature of such processes in term of speed and execution using the Internet. Hence, the electronic mediation emerged as an alternative for settling disputes between individuals, and it is characterized with easiness, confidentiality, low costs and quickness.
Keywords: Criteria, Electronic Disputes, Mediation