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International Journal of
Law
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VOL. 9, ISSUE 1 (2023)
Legal reconstruction of mediation procedure in religious courts based on justice value
Authors
Uray Gapima Aprianto, Mahmutarom, Amin Purnawan
Abstract
This research discusses the weaknesses in the construction of the law of mediation in the religious court and how to reconstruct the law based on justice values in a qualitative type of research. The approach method in this research is socio-legal-research research. The legal theory used as an analytical knife includes the grand theory of justice theory, the middle theory of legal system theory, and the Applied Theory, which is the legal protection theory. Research shows that There are several weaknesses in the provisions of article 8 of PerMA No. 1 of 2016 dated 2 February 2016 concerning regulations regarding mediation procedures in settling cases, especially in the Religious Courts where the honorarium (Fee) given to the Mediator is unfair. Therefore, based on the results of a juridical analysis of the element of honorarium when viewed from various aspects, both aspects of legislation, legal theory, opinions of legal experts, and so on, it can be concluded that the awarding of an honorarium should be given fairly to all mediators, both judges/court employees, and non-judges.
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Pages:159-162
How to cite this article:
Uray Gapima Aprianto, Mahmutarom, Amin Purnawan "Legal reconstruction of mediation procedure in religious courts based on justice value". International Journal of Law, Vol 9, Issue 1, 2023, Pages 159-162
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