The Effectiveness of Mediation Based on Supreme Court Regulation Number 1 of 2016 in Divorce Cases at the Sintang Religious Court in 2019–2021
DOI:
https://doi.org/10.33751/palar.v12i1.204Abstrak
One of the objectives of this research is to understand how the tradition of band entertainment is carried out in the Pekawai Village, Sayan Sub-district, Melawi Regency, and how Islamic legal views on this tradition apply to the Walimatul Urs in Pekawai Village, Sayan Sub-district, Melawi Regency.This research uses a qualitative research method, specifically field research, and is descriptive in nature. In other words, this research explains, describes, and analyzes data obtained from the field. Data collection techniques used in this thesis include observation, interviews, and documentation, and the analysis is qualitative with a deductive thinking approach. The results of the research in Pekawai Village, Sayan Sub-district, Melawi Regency yield the following conclusions: 1) The Band Entertainment tradition is a practice that occurs after customary calculations and family approval. To provide entertainment, bands use single-organ musical instruments and perform with female vocalists until late at night. Currently, band entertainment is often misused for excessive alcohol consumption and gambling, leading to disturbances. Behind all this, there are communities that engage in entertainment within certain legal limits. 2) From an Islamic legal perspective, the Quran, Hadith, 'Urf (customs), and the Band Entertainment tradition in Walimatul Urs are considered. If conducted in accordance with Islamic law, it is permissible (mubah), but it becomes prohibited (haram) if excessive band performances and late-night entertainment with female vocalists are involved. Entertainment of this nature, which includes drinking parties, seclusion, and mingling while dancing provocatively, leads to disturbances. Therefore, Islam prohibits such types of entertainment and considers them 'Urf that is Fasid (corrupt).
Keywords: Keywords: Islamic Law, Band Entertainment, Walimatul Urs, Pekawai Village.
Referensi
Abbas, S. 2017. Mediation in the Perspective of Sharia Law, Customary Law, and National Law. Jakarta: Kencana.
Asshiddiqie, J. 2019. Constitution and Indonesian Constitutionalism. Jakarta: Sinar Grafika.
Darus, D. 2022. "The Effectiveness of Mediation in Divorce Cases After the Enactment of Supreme Court Regulation Number 1 of 2016 at the Serang Religious Court." Journal of Islamic Law Students, Vol. 1, No. 1 (2022). Available on https://fsy.uinbanten.ac.id/journal/index.php/jurhis/article/view/6839
Dewi, D.R.C. "Analysis of PERMA No. 1 of 2016 concerning Mediation Procedures in Courts." El-Qisth Journal. Available on https://ejournal.uluwiyah.ac.id/index.php/qisth/article/view/45
Harahap, M. Y. 2017. Civil Procedure Law: About Lawsuits, Trials, Seizures, Evidence and Court Decisions. Jakarta: Sinar Grafika.
Supreme Court of the Republic of Indonesia. Guidelines for Mediation in Court. Available on https://badilag.mahkamahagung.go.id
Supreme Court of the Republic of Indonesia. 2016. Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Courts. Jakarta: Supreme Court of the Republic of Indonesia.
Mertokusumo, S. 2019. Indonesian Civil Procedure Law. Yogyakarta: Liberty.
Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts. Available on https://peraturan.bpk.go.id/Home/Details/178087/perma-no-1-tahun-2016
Putra, T.P, et al. "Legal Analysis of the Implementation of Divorce Mediation in the Sengkang Religious Court." Indonesian Journal of Legality of Law. Available on https://journal.unibos.ac.id/ijlf/article/view/2609
Rahmadi, T. 2017. Mediation of Dispute Resolution through a Consensus Approach. Jakarta: Rajawali Press.
Ribi, H. "The Effectiveness of Mediation in Divorce Cases in Religious Courts: A Normative Study of the Implementation of PERMA No. 1 of 2016." Indonesian Journal of Intellectual Publication. Available on https://journal.intelekmadani.org/index.php/ijipublication/article/view/730
Soekanto, S. "The Theory of Legal Effectiveness." Legal Issues. Available on https://ejournal.undip.ac.id/index.php/mmh/article/view/10462
Syarifuddin. A. 2014. Islamic Marriage Law in Indonesia. Jakarta: Kencana.
Triutami, J.R, and Fawzi, R. "Analysis of PERMA No. 1 of 2016 on the Low Success Rate of Mediation in the Garut Religious Court." Journal of Islamic Family Law Research. Available on https://journals.unisba.ac.id/index.php/JRHKI/article/view/4369
Constitution of the Republic of Indonesia in 1945.
Law Number 1 of 1974 concerning Marriage.
Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts.
Unduhan
Diterbitkan
Cara Mengutip
Terbitan
Bagian
Lisensi
Artikel ini berlisensiCreative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Jurnal Pakuan Law review based on the provisions Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. / CC-BY-NC-SA 4.0 this license requires that you provide appropriate credit, provide a link to the license, and indicate if any changes have been made. You may do so in any reasonable way, but not in any way that would imply that the licensor endorses you or your use. this license shall not use the material for commercial purposes. this license permits Share Alike If you mix, modify, or build upon the material, you must distribute your contributions under the same license as the original. No additional restrictions. You may not apply legal provisions or technological measures that legally restrict others from doing anything the license permits.
.png alt=)
