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ArticleOpen AccessTerbit 2021Versi 1

EFFECTIVENESS OF MEDIATION IN SHARIA ECONOMIC DISPUTE RESOLUTION: PHENOMENOLOGY AT BUKITTINGGI RELIGIOUS COURT

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Abstrak

The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution is based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court. What are the inhibiting factors of success in mediation? To answer this question, the author uses an inductive and deductive analysis framework concerning the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. This is because several factors influence it. First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, there are still many people who are not aware of the law in terms of legal culture and do not understand mediation well, so they consider mediation to be unimportant.

Kata kunci

Effectiveness, Mediation, Sharia Economic Disputes.

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Versi dan riwayat publik

  1. Versi 1EFFECTIVENESS OF MEDIATION IN SHARIA ECONOMIC DISPUTE RESOLUTION: PHENOMENOLOGY AT BUKITTINGGI RELIGIOUS COURT2021 ·

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