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Edunity
Volume 3 Number 6, June, 2024
p- ISSN 2963-3648- e-ISSN 2964-8653
THE COMPLICATED DIVORCE PETITION PROCESS: SERVICES AT THE
CIREBON CITY RELIGIOUS COURT
Silvi Riani
1
, Miftahul Jannah
2
, Siti Khumayah
3
, Faridah Nurfalah
4
Universitas Swadaya Gunung Jati, Cirebon, Indonesia
Silviriani1506@gmail.com
1
, Mifmimif5@gmail.com
2
, Maya1718@gmail.com
3
,
Faridanurfalah46@gmail.com
4
ABSTRACT
Divorce is a complex and sensitive process in Indonesian family law. Therefore, the quality of
service in filing divorce applications at the religious court office plays an important role in
ensuring justice and welfare for the parties involved. The study aims to evaluate the quality of
service in filing divorce applications at the Cirebon City religious court office. The research
method used is a qualitative approach, with data collection techniques in the form of direct
observation, and interviews with officers and service users. Secondary data in the form of journal
books related to research. The informant selection technique used by researchers in this study was
the purposive sampling technique. The purposive sampling technique was three key informants,
the informants were selected by the researcher to selectively select informants who were relevant
to the research objectives. The results showed an evaluation of service quality, there are still
obstacles including employees who are less friendly and the process is quite long which affects
the quality of service.
Keywords: Public Service, Divorce.
Introduction
The government has an important role in providing public services as mandated
in Law Number 25 of 2009 concerning public services article 1 states that: "Public Service
is an activity or series of activities in order to fulfill service needs in accordance with
laws and regulations for every citizen and resident for goods, services and/or
administrative services provided by public service providers". Meanwhile, Law Number
23 of 2014 concerning Regional Government explains that "the implementation of
regional government is directed to accelerate the realization of community welfare
through improved services, empowerment, and community participation".
Various efforts have been made by the state to reduce the high divorce rate in
Indonesia. One of them is integrating mediation into the court process. Supreme Court
Regulation No. 1/2016 on Mediation Procedures in Courts states that all civil cases,
including divorce, must first undergo mediation. However, a number of studies have
shown that mediation does not run optimally. The reason is the absence of the
defendant/respondent. The absence of the parties can occur from the beginning of the
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trial or during the mediation process. There are indications that the absence of the parties
is done intentionally and aims to accelerate the divorce process. The absence of the
parties in the mediation process shows that the parties do not have good faith to resolve
the case amicably. The absence of the parties twice in a row without a clear reason and/or
not sending a representative causes more divorce cases to be decided by verdict.
Service quality is a condition where a dynamic relationship is created between
service users and service providers. If the service provided is in accordance with what is
expected by service users, then the service is a quality service, otherwise, if the service
provided is not in accordance with what service users expect, then the service is not
quality. Good or bad service quality is not based on the point of view or perception of
service providers or services, but rather based on consumer perceptions and applicable
rules or regulations regarding service quality. The low quality of public services
provided by government officials is a bad image of the government in society. Some
people who have dealt with the bureaucracy always complain and are disappointed with
the various services provided, and there are even some people who still underestimate
the performance of the bureaucracy. The services provided in general have not satisfied
the community.
According to Sugiyono (2015), evaluation is a process to find out how far the
planning can be implemented and how far the program objectives are achieved.
According to Moenir (2006), public service is an activity carried out by a person or group
of people based on material factors through certain systems, procedures, and methods
in an effort to fulfill the interests of others according to their rights. The word "quality"
contains many meanings, according to the Indonesian Dictionary, quality means: (1) the
level of good and bad of something; (2) degree or level (intelligence, skill, etc.); or quality.
The definition of quality according to (Tjiptono, 2004) is: Compliance with requirements,
Suitability for use Continuous improvement, Free from damage/defects, Fulfillment of
customer needs from the start and at all times, Doing everything right, Something that
can make customers happy. According to Ibrahim (2008: 22), the quality of public
services is a dynamic condition related to products, services, people, processes, and the
environment where quality assessment is determined at the time of the provision of
public services. Service activities organized by the state to the community include many
things that cover all community needs.
To measure the quality of public services at the Cirebon City Religious Court
Office, Sugiyono (2015) proposed a comprehensive service evaluation method. Sugiyono
highlighted the complexity of the divorce application process as one of the main
indicators of service. The data collected showed that the number of divorces in Cirebon
City was quite high, reflecting the need for efficient and effective services. Through
initial assumptions and direct surveys, Sugiyono found that many applicants felt the
complex divorce process prolonged time and increased costs, as well as adding to the
emotional burden. The facts on the ground suggest shortcomings in transparency and
clarity of procedures, as well as a need to improve the competence and attitude of
officers in handling divorce cases. This study recommends reforms in service procedures
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and capacity building of human resources to improve the quality of public services in
the office.
Table 1
Divorce Data in Cirebon City (Religious Court) in 2021 - 2023
Number of divorces
Total
Description
Year 2021
1,011 cases
1. Contested divorce (wife): 732 cases (72%)
2. Divorce (husband): 279 cases (28%)
Year 2022
1,045 cases
3. Plaintiff's divorce (wife): 732 cases (70%)
4. Divorce (husband): 313 cases (30%)
Year 2023 (until May):
3,127 cases
(provisional data)
The above data only includes data from the Cirebon City Religious Court. There
was a slight increase in the number of divorce cases from 2021 to 2022. In 2023, until
May, the number of divorce cases was high, with an average of 20 couples divorcing
every day. Contested divorces filed by wives dominate each year, with a percentage
above 70%. Economic factors are one of the main causes of divorce in Cirebon City.
Figure 1
Divorce Chart 2021-2023
Divorce data in Cirebon City may be different. Data for 2023 is provisional and
subject to change. The divorce rate in Cirebon City is high, with a slight upward trend
in recent years. Prevention and family development efforts need to be made to reduce
the divorce rate.
Based on data on the number of divorces in Cirebon City for the last three years
(2021-2023), it can be seen that there are variations in the number of divorces every
month. In 2021, the number of divorces tends to be stable with slight fluctuations from
month to month but tends to show an increase from the beginning of the year to the end
of the year. In 2022, there was a decrease in the number of divorces in the first few
months, but then experienced a significant increase in the middle of the year, before
declining again at the end of the year. Meanwhile, in 2023, the number of divorces
experienced greater variation from month to month, with the highest peaks occurring in
October and December. This indicates that the trend in the number of divorces in
Cirebon City tends to fluctuate and can be influenced by various factors such as
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economic, social, and cultural conditions in the local community. Further analysis can
be conducted to understand the factors that influence the fluctuation in the number of
divorces, as well as the social and psychological implications of these trends for the
people of Cirebon City as a whole.
In the context of increasing divorce cases, there is a direct link between the divorce
graph and the quality of service at the Religious Courts. When the divorce graph shows
an upward trend, with more divorce cases being filed, this has the effect of slowing down
services at the Religious Courts. An increase in the number of cases results in a greater
workload for staff, which leads to a decrease in the efficiency and effectiveness of
services. In addition, the Religious Courts sometimes deliberately slow down
administrative processes in order to allow time for disputing couples to mediate and
reconsider their decision, in an effort to reduce divorce rates. Thus, the surge in divorce
cases is directly proportional to the decline in the quality and speed of services, as
mediation efforts are expected to encourage couples to abandon their intention to
divorce and improve their domestic relations.
The background of the quality of service for filing divorce applications at the
Cirebon City Religious Court Office can be explained by the important role of the agency
in handling divorce cases, which are sensitive aspects of community life. Optimal service
in the divorce application process is expected to create public trust in the justice system.
Therefore, it is important to evaluate the quality of service for divorce applications
at the Cirebon City Religious Court Office. In order to facilitate clear access and fair
divorce settlement. Common problems in divorce application services at the Cirebon
City Religious Court Office involve slow processing, lack of applicant understanding of
procedures and transparent communication of information, and potential gender
inequality in the handling of divorce cases. The following is a journal of previous
research that focuses on services in Religious Court offices in Indonesia:
Based on previous journals on service quality evaluation: Fitriani Nurul conducted
research in 2017 on Improving Service Quality at the Religious Court Office: This
research is a case study on efforts to improve service quality in religious court offices in
West Java province. This journal discusses strategies and implementation to improve
service user satisfaction in religious courts.
Dian Kartika conducted research in 2019 on Service Quality Analysis at the
Religious Court Office: Service User Perspective" This research analyzes the quality of
service at the religious court office from the perspective of service users. This journal
provides an in-depth understanding of service users' expectations, perceptions, and
satisfaction with the religious court office. The extent to which users are satisfied with
the services provided by the religious court office.
Khumayah Siti conducted research on "Performance of Transportation
Department Employees in the field of transportation in city services in Cirebon City" The
main focus of this research is on the quality of public services provided, including
reliability, responsiveness, and satisfaction of users of city transportation services. This
study also identifies factors that affect service performance and provides
recommendations for improvement, such as increased employee training and improved
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management systems, in order to improve the quality of public transportation services
in the city of Cirebon.
Santoso Budi conducted research in 2018 on "Improving Service Quality at
Regional General Hospitals for KIS Patients: Challenges and Opportunities". This study
discusses efforts to improve service quality in regional public hospitals for KIS patients.
This journal identifies challenges and opportunities in improving KIS patient satisfaction
and provides solutions to overcome the problems faced. The difference between this
previous research which usually only examines public services, and this research lies in
its focus on evaluating the quality of divorce filing services at the Cirebon City religious
court office. This research in detail studies aspects such as the speed of the process of
accuracy of information and the effectiveness of communication in the context of
providing divorce filing services in the city of Cirebon. This research in detail studies
aspects such as the speed of the process of accuracy of information and the effectiveness
of communication in the context of providing divorce filing services in the city of
Cirebon.
Research Method
The research on evaluating the quality of divorce application services at the
Cirebon City Religious Court Office will adopt a qualitative approach to deeply
understand the experiences, perceptions, and expectations of individuals involved in the
process. The initial step will involve selecting representative respondents, including
divorce applicants, court officers, and other relevant parties. Next, a structured or semi-
structured interview guide will be designed to guide interactions with respondents. Data
will be collected through direct interviews and observation of the divorce application
process at the Cirebon City Religious Court Office. By using a qualitative approach, this
research is expected to provide an in-depth understanding of the quality of divorce filing
services and provide valuable insights to improve the process. The details of the
informants used in this study are as follows:
In the Cirebon City Religious Court office, key informants include the public as
service users who provide information about their experiences and perceptions of the
legal process in the court. They provided insight into their needs, expectations, and
satisfaction with the services provided. Supporting informants included service staff,
who were in charge of receiving applications for divorce cases. They provided
information on the administrative process, filing procedures, and interactions with
applicants. Their role is important in facilitating the application process in an efficient
and professional manner. The head of the Religious Courts office was also a key
informant, providing insight into the policies, internal procedures, and vision and
mission of the court. As leaders, they have great influence in directing the direction and
performance of the court office, as well as maintaining integrity and fairness in the
handling of cases.
Techniques and data collection The researcher chose a desk study to gather
information from relevant text sources, such as books, journals, and official documents,
in order to understand the theoretical basis and context of the research topic. Field
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studies were also chosen to collect data directly from practical experiences or
observations in the field, allowing the researcher to gain deep and contextualized
insights into the phenomenon under study. Researchers chose the triangulation
technique because it allowed them to combine different data sources, methods, or
theories in their research.
Thus, they can ensure the accuracy (validity) and reliability (reliability) of their
findings by looking at the phenomenon from multiple perspectives. Triangulation
allows researchers to verify or strengthen their findings by using different approaches,
such as combining qualitative and quantitative data or using various data collection
techniques. It also provides a greater richness of data, allowing researchers to gain a
deeper understanding of the phenomenon they are researching. As such, triangulation
techniques strengthen the analysis and ensure the overall strength of the research results.
Result and Discussion
The Cirebon City Religious Court Office has demonstrated a strong commitment
to providing efficient, friendly, and non-discriminatory services to all those who require
its services. Interviews with employees of the Religious Courts office provide an
overview of the office's efforts to create a work environment that supports high-quality
service. In terms of efficiency, measures such as communication skills training, effective
time management, and improved facilities are clear evidence of the office's efforts to
improve efficiency in every aspect of the services provided. By ensuring processes run
smoothly and efficiently, the office can minimize waiting times and delays, thus
providing a more positive experience for visitors. In addition, efforts to create a
welcoming environment through communication skills training is also a very important
step. Good communication between staff and visitors not only creates a comfortable
atmosphere but also builds a better relationship between the office and the community.
This way, visitors feel heard, valued, and supported at every stage of the legal process.
Furthermore, the commitment to not discriminate against anyone who needs services is
a very important principle in public service. By ensuring that every individual is treated
fairly and without discrimination, the Cirebon City Religious Court office creates an
inclusive environment and provides assurance that justice will be served
indiscriminately.
Although the Cirebon City Religious Court currently facilitates the community by
providing access to services through the e-Court website, the mediation step remains an
integral part of the divorce filing process. The use of the e-Court platform does speed up
and simplify the administrative process, allowing the public to file for divorce online
more efficiently. However, despite this convenience, the Religious Courts still endeavor
to facilitate mediation between disputing couples. The aim is to give the couple the
opportunity to reconsider their decision and potentially reverse their intention to
divorce. This step is taken in an effort to reduce the divorce rate and prevent a drastic
increase in the number of cases, which could overwhelm the service at the Religious
Courts office. Thus, although services are facilitated through e-Court technology,
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mediation efforts are still made to maintain the balance and quality of services and
reduce the divorce rate in Cirebon City.
Overall, the interviews with staff at the Religious Courts reflect the office's firm
commitment to providing quality and inclusive services to the community. The steps
taken show that the office not only focuses on operational efficiency but also on the
qualitative aspects that are important to ensure that every individual gets fair treatment
and quality services. Based on the results of interviews with several key informants who
use services at the Cirebon City Religious Court Office, it appears that there are several
positive aspects that should be considered in evaluating the quality of public services at
the institution.
Figure 1
E-Court self-service lawsuit website on the religious court website
First, the openness and clarity of procedures were an important highlight of the
interview with Ms. NM. Although there were some shortcomings in terms of staff
friendliness, service users felt that processes were well explained and services were
provided according to queues and in a timely manner. This demonstrates the
commitment of the court office to pay attention to clarity of procedures, which is an
important aspect of providing transparent and trustworthy services.
Second, speed and ease of processing were highlighted in the interview with Ms.
ER. The perception that the service at the religious court office is quite fast because it
provides convenience in the process demonstrates the efforts of the court office to pay
attention to the need for efficiency and convenience for service users. This illustrates that
the religious court office is not only focused on clarity of procedures but also on
improving the overall efficiency of the service. Third, the technological skills and
responsiveness of staff in providing services were highlighted in the interview with Ms.
LS. The ability to provide access through the website of the religious court office not only
improves service accessibility but also demonstrates the court office's adaptation to
technological developments to improve service efficiency and effectiveness. In addition,
the responsiveness of staff in providing services also gives a positive picture of the court
office's commitment to providing a satisfactory service experience for the community.
Thus, from the results of these interviews, it can be concluded that the Cirebon
City Religious Courts Office has tried to provide services in accordance with the
expected principles of public service quality.
Although there are still some areas for improvement, such as improving officer
friendliness, overall, efforts to improve clarity of procedures, speed of service, and
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technological skills have demonstrated the commitment of the religious court office to
improving the quality of service to the community.
It was found that most employees felt that they had provided maximum service to
the community. They emphasized their dedication to providing assistance to justice
seekers". However, it was found that the public was sometimes still not satisfied with
the services provided. This was due to a number of factors, including the lack of
comprehensive information on court proceedings and the unfriendliness of some staff.
Figure 2
Availability of electronic archives stored on the official website of the Cirebon City
Religious Court office
Based on the results of interviews with key informants as service recipients and
supporting informants and in accordance with the principles of public service quality,
an interview with Mrs. NM as a key informant, she explained that:
"The service at the religious court office was quite good. The processes were well
explained, and the staff provided services according to the queue and on time. Although
there were some employees who seemed less friendly". shows that the religious court
office pays attention to clarity of procedures and timeliness in providing services to the
community. Furthermore, the results of the interview with Ms. ER as a key informant,
she explained that:
"The service at the religious court office is quite fast because it provides
convenience in the process" Furthermore, the results of the interview with Mrs. LS as a
key informant, she explained that:
"The service at the religious court office is very good. The staff there are also
responsive and quick in providing services. In addition, the divorce process is also made
easier with access provided through the website of the religious court office".
This shows that the religious court office is very tech-savvy to improve
accessibility and efficiency in legal proceedings, as well as providing good service to the
community. The staff were also friendly and non-discriminatory in providing services
to the community.
"Some employees acknowledged that there were times when they were able to but
sometimes there was a miscommunication in conveying information clearly to the
public, which could lead to confusion or dissatisfaction". In addition, it was found that
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there were cases where some employees were less friendly in their interactions with the
public. Some employees attributed this to fatigue or other internal factors affecting their
performance. This shows the importance of continuously improving the quality of
service in the Religious Courts office, especially in terms of providing better information
to the public as well as paying attention to aspects such as friendliness and
professionalism in interacting with service users. Improvements in this regard are
expected to increase community satisfaction and strengthen their trust in the religious
courts. Based on an interview with a representative of the head of the religious court
office, he explained:
"That the office is very integrity in providing services. They are committed to
providing the best possible service without discrimination and always maintain
integrity in every process. The leadership also routinely monitors and gives briefings to
service staff twice a week. This aims to ensure that employees serve quickly,
responsively, and carefully while maintaining good manners and non-discrimination in
service to the community". This shows that the religious court office has a high
commitment to providing quality and fair services to all. Based on the results of
interviews with informants:
"The staff at the Religious Courts feel that they have provided the best possible
service without discriminating against anyone.
They implemented the standard operating procedures in a friendly manner and
provided appropriate services to everyone, including the poor, who wanted to get a
divorce. There is no difference in the service provided to anyone. The Religious Courts
not only provide free services to those who cannot afford a divorce but also have a
constantly updated website to facilitate access to all available services. On the e-court
website, the public can obtain and download all the information they need about the
divorce process as well as all the relevant securely stored divorce archive documents.
This ensures greater transparency and accessibility for all parties involved. The
enabling factors that allow the Religious Courts office to provide free services to the poor
in obtaining divorces and in having an updated website with downloadable divorce
records via the internet include a commitment to social justice, institutional support,
quality human resources, advanced information technology, commitment to
transparency, and partnerships with external parties".
The steps taken by the Cirebon City Religious Court Office are positive and
proactive in improving the quality of service to the community. Regular communication
skills training for staff is a worthwhile investment because good communication
between staff and the public can increase service user trust and satisfaction. By
improving communication skills, employees can be more effective in explaining
information to the public, thus minimizing confusion and increasing positive service
user experiences. Improving facilities such as air conditioning and other amenities is also
an important step towards creating a comfortable environment for visitors. A
comfortable environment can create a better atmosphere within the court office so that
visitors feel more valued and supported in their legal process. This can also help in
creating a positive image of the court office in the eyes of the public.
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To address this issue, an evaluation of the court's internal processes is required,
including a review of existing SOPs and efforts to improve efficiency in case handling.
The implementation of more sophisticated information technology and case
management systems could help to reduce the time required in court proceedings. In
addition, consideration should also be given to increasing the capacity and number of
staff to handle a larger volume of cases more effectively. Thus, while the provision of
free services is a very positive step, improvements in the efficiency and effectiveness of
court processes also need to be considered so that the services provided can be more
responsive to the needs of the community and better ensure speedy and appropriate
justice. At the Religious Courts office, factors supporting service quality include the
responsiveness of staff in providing information clearly and in a friendly manner to the
community. They are trained to be responsive and thorough in answering questions and
providing assistance where needed. In addition, weekly monitoring and briefing
routines help maintain high service standards by ensuring that employees are updated
on the latest policies and best practices in providing services to the community. In
addition to being responsive, staff also ensure that services are provided in a timely
manner according to the needs of the community. This helps to reduce waiting times
and improve the efficiency of court processes. In addition, a convenient and strategic
service location is also a supporting factor for service quality. By providing a comfortable
environment for visitors, the Religious Courts office creates a supportive atmosphere for
people coming for legal services.
The implementation of effective time management is also very important to
maintain employee welfare and service quality. By managing time well, employees can
avoid fatigue which can affect their performance in providing services. Effective time
management can also assist in optimizing employee productivity and efficiency, thereby
increasing the capacity of the court office to handle the volume of cases. These measures
demonstrate that the management of the Religious Courts office understands the
importance of providing quality service to the community and actively seeks to improve
the awareness and skills of employees in providing good service. With a commitment to
continuous improvement and innovation, it is hoped that the Religious Courts Office
can continue to improve the quality of its services and make a positive contribution to
justice and community satisfaction.
Conclusion
The length of the process at the Cirebon City Religious Court Office is a major
impediment that needs to be addressed. While adherence to standard operating
procedures (SOPs) is important to ensure fairness and order in the courts, in some cases,
it can result in undesirable delays in the resolution of cases. Especially in situations
where the number of cases to be handled is large or the court process is complex, the
length of the process can be a major obstacle for the parties involved. It should be
recognized that the provision of free service assistance to those who cannot afford it is a
positive step taken by the Religious Courts Office. It ensures that the issue of cost is not
a barrier to those who need access to the courts. However, while cost is not a constraining
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factor for the financially disadvantaged, the length of the process due to compliance with
SOPs and queues remains a serious challenge.
The divorce petition process at the Cirebon City Religious Court Office exhibits a
complexity that is matched by strategic measures to maintain service quality and reduce
divorce rates. Although ease of access through the e-Court website has accelerated and
simplified the administrative process, mediation efforts remain an integral part of the
procedure. The Religious Courts implement mediation and sometimes slow down the
divorce filing process with the aim of allowing time for couples to reconsider their
decision and seek an amicable solution. This is done to prevent a surge in divorce cases
that could cause the divorce charts to rise significantly and overwhelm the ministry.
Thus, although technology has made the filing process easier, a balance between ease of
service and efforts to maintain household stability is maintained by the Cirebon City
Religious Court. Evaluation of the quality of service of the Cirebon City Religious Court
Office shows good implementation of SOPs although there are still obstacles in
providing understanding to the community. Service time is quite good with efforts to
fulfill files on time. Employees provide information through information boards and
friendly interactions. The waiting room is equipped with comfortable and safe facilities,
including fans, television, and seating, as well as maintained cleanliness and availability
of reading materials.
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