IMPLEMENTATION OF THE PRINCIPLE OF GOOD FAITH IN THE REGULATION OF SUPREME COURT NO. 1 IN 2016 AS TO PROCEDURE OF MEDIATION WITHIN DIVORCE MEDIATION PROCESS AT THE RELIGIOUS COURT OF SALATIGA

rosadi, abdul masjid wawan (2017) IMPLEMENTATION OF THE PRINCIPLE OF GOOD FAITH IN THE REGULATION OF SUPREME COURT NO. 1 IN 2016 AS TO PROCEDURE OF MEDIATION WITHIN DIVORCE MEDIATION PROCESS AT THE RELIGIOUS COURT OF SALATIGA. Other thesis, IAIN SALATIGA.

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Abstract

Rosadi, Abdul Masjid Wawan. 2017. Implementation of The Principle of Good Faith in The Regulation of Supreme Court No. 1 in 2016 as to Procedure of Mediation within Divorce Mediation Process at The Religious Court of Salatiga. Thesis. Departement of Islamic Family Law. Faculty of Syari’ah. Salatiga State Institute for Islamic Studies. Supervisor: Sukron Ma’mun S. HI., M.Si. Keywords: Good faith, Divorce mediation process, Effect This study has three aims. The first that is to know the convenience of five indicators of the good faith principlein The Regulation of Supreme Court No. 1 in 2016 as to procedure of mediation with the basic idea of the good faith principle. The second that of to explainthe implementation of the principle of good faith in divorce mediation process at The Religious Court of Salatiga. The third is to discuss the significance of the good faith principleeffectsin divorce mediation process at the Religious Court of Salatiga. This study is a qualitative research conducted in a natural setting and its results deal with interpretations of data found in the field. It has done by collecting data from The Religious Court of Salatiga through interviews with mediators and disputants included in divorce mediation process. The approach used in this study is a normative descriptive approach.A normative approach is used to know the meaning and regulations of divorce, mediation, and good faith principle in the legal perspsective. Descriptive means that all data found will be shown in a narrative form in order to ease the readers to understand this thesis. The result of this study discloses thatall indicators of good faith in the Regulation of Supreme Court No. 1 in 2016 as to procedure of mediation are convenient with the basic idea of good faith principle. Implementation of the principle of good faith in divorce mediation process at The Religious Court of Salatiga is nearly complete or convenient with the Regulation of Supreme Court No. 1 in 2016 as to procedure of mediation. There is necessary an adjusment in the pra mediation stage that has to do with the obligation of judges to explain about good faith and its legal impacts.The principle of good faith and its indicators ruled in the Regulation of Supreme Court No. 1 in 2016 as to procedure of mediation has possitive effects to the divorce mediation process at the Religious Court of Salatiga.But in the final result of divorce mediation process the principle of good faith has no significant effect

Item Type: Thesis (Other)
Subjects: Agama > Fiqih (Hukum Islam)
Divisions: Fakultas Syariah > Hukum Keluarga Islam (Al-Ahwal Al-Syakhsiyyah)
Depositing User: Unnamed user with email bimoharyosetyoko@iainsalatiga.ac.id
Date Deposited: 28 Mar 2019 03:57
Last Modified: 28 Mar 2019 03:57
URI: http://e-repository.perpus.uinsalatiga.ac.id/id/eprint/5075

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