Ke arah memantapkan sistem sokongan keluarga di Malaysia:Pendekatan holistik dalam penyelesaian pertikaian keluarga

Mohd Arshad, Ain' Husna (2017) Ke arah memantapkan sistem sokongan keluarga di Malaysia:Pendekatan holistik dalam penyelesaian pertikaian keluarga. In: Forum Penyebaran Data Hasil Penyelidikan LPPKN Siri 3, 22 November 2017, Fakulti Ekonomi dan Pentadbiran, Universiti Malaya. (Unpublished)

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Abstract

This topic gives an overview of the institutions that are dealing with family disputes in Malaysia. Generally, these institutions can be divided into judicial institutions and non-judicial institutions. Judicial institutions refer to the civil courts and Syariah courts. While non-judicial institutions refer to the other bodies that provide family services, including the Ministry of Women, Family and Community Development, LPPKN, Legal Aid Department, Malaysian Mediation Centre, religious institutions, private counsellors and NGOs. While judiciary deals with litigation and adjudication, the other non-judicial institutions provide a number of ways to resolve family disputes, that range from mediation, reconciliation and counselling to social support. However, one of the downsides in the present system is lack of cooperation between judicial and non-judicial institutions that are dealing with family matters. The courts that are administering family law in Malaysia, civil and Syariah, are implementing adversarial system of litigation. The courts are able to resolve legal disputes. However, resolution of legal disputes does not necessarily indicate that the disputes have been treated from the root. In order to promote holistic resolution of family disputes, family members need to be given further treatment outside of the courts, to tackle other non-legal issues, such as emotional and mental conflicts. This is crucial because individuals involved in legal proceedings need to undergo certain adjustment in life and to carry on performing their duty after separation of families. The family support system can facilitate the individuals, particularly by giving social support and counselling. In fact, the family support institutions are able to deal with family conflicts at the early stage, thus reducing the number of cases that need to go for court trial. Family service centres that have been established in other countries such as Singapore and Australia indicated a high success rate in the resolution of family disputes. It is viewed that a cooperation between judicial and non-judicial institutions can provide a holistic approach to the resolution of family disputes. Therefore, it is suggested that a strong networking to be established between these institutions, so as to improve the referral function between them.At the same time, it is important to create awareness among the society regarding family services that are available and how these services can help them in handling their family disputes.

Item Type: Conference or Workshop Item (Paper)
Additional Information: National Population and Family Development Board in collaboration with Population Studies Unit, Faculty of Economics and Administration, University of Malaya
Keywords: holistik,keluarga,judicial institusion,non-judicial,sistem sokongan keluarga
Subjects: 300 Social sciences > 303 Social processes
Division/Agency/State: LPPKN - National Population and Family Development Board, Malaysia > Division of Population
Deposited By: Mrs Nor Azaian Abdullah
Deposited On: 11 Dec 2017 08:51
Last Modified: 11 Dec 2017 08:51
URI: http://familyrepository.lppkn.gov.my/id/eprint/698

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