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Journal : Al-Mizan (e-Journal)

Problematika Mediasi di Pengadilan Agama Gorontalo dan Pengadilan Agama Limboto Tahun 2015 Ahmad Faisal
Al-Mizan (e-Journal) Vol. 12 No. 1 (2016): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (418.817 KB) | DOI: 10.30603/am.v12i1.126

Abstract

The integration of mediation in court practices, on the one hand intended to avoid the accumulation of cases, but on the other hand increase the burden of the judges. For that reason, it is understandable if the success rate is very small mediation divorce case. Paramediator limited time availability, lack of skills/skill mediator, lack of motivation and persistence finish the case, the absence of a mediator from outside the court registered a problematic instrument relating to the judge mediator. This condition presupposes the involvement of non-judge mediators, who have local knowledge base to engage in mediation cases. In fact, the regulations will it also looked very normative-procedural. In addition, this type of divorce case is rather complicated, especially if motivated by domestic violence, disharmony, the presence of third parties into its own problematic when mediated. But the most decisive is the parties who appeared since the beginning has been shut down to peace, making its implementation more complicated problems of mediation in Gorontalo Religious Court and Limboto Religious Court.
Pendekatan Integratif dalam Penegakan Syariat Islam di Sulawesi Selatan Ahmad Faisal
Al-Mizan (e-Journal) Vol. 13 No. 2 (2017): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.286 KB) | DOI: 10.30603/am.v13i2.855

Abstract

This article aims to explain the plus and minus approach in perpetuation of Islamic law in South Sulawesi. Substantial and cultural approacheswhich emphasis on the ethical aspects as well as the formalistic legalistic structural approach, both have weaknesses. This study found out that formalist Islamic movement, with its choice of structural paths, proved to not fully succeed in realizing the ideals of perpetuation Islamic law. On the contrary, even cultural Islam has not fully succeeded in realizing the ideals of religion in its comprehensive understanding. By looking at the socio-political reasons above, it is very argumentative if the two contraditory the approaches have been positioned dichotomically integrated. Moreover, in historical-empirical experiences in South Sulawesi, both approaches have been implemented with varying degrees of results.