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Nusdin Nusdin; Nahrum Nahrum; Alham Ananda P; Kurniati Kurniati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Early marriage is a social phenomenon that still frequently occurs in Indonesia and gives rise to various problems, both from the perspective of state law and socio-religious aspects. From the standpoint of state regulations, early marriage is considered a violation of statutory provisions, particularly the Marriage Law, which stipulates a minimum legal age for marriage in order to protect children's rights. This practice results in various negative impacts, including increased health risks for mothers and children, disruption of educational attainment, economic instability within families, as well as high rates of divorce and domestic violence. From the perspective of Islamic law, early marriage is not absolutely prohibited; however, Islam strongly emphasizes the principles of public welfare (maṣlaḥah), physical and mental readiness, and responsibility in establishing a household. Therefore, Islamic legal solutions to early marriage as a violation of state regulations can be implemented through the maqāṣid al-sharī‘ah approach, which aims to protect life, intellect, and lineage, as well as by supporting state regulations intended to safeguard the rights and welfare of children. Consequently, synergy between Islamic law and state law is essential in preventing early marriage and in creating a healthy and just family structure.

Erni Sulhati Roudho Siregar; Uswatun Hasanah

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Dari Setiawati; Taufiq Hidayatullah; Zomratus Sa’adah

Jurnal Inovasi Sosial dan Pengabdian 2025 Lembaga Pengembangan Kinerja Dosen

Early marriage and divorce at a young age are among the most prevalent social problems among adolescents. A lack of understanding regarding marital loneliness, coupled with a lack of religious knowledge and life skills, often leads to marriages being faced without proper preparation. This situation necessitates strengthening premarital education literacy, which not only equips the cognitive aspect but also instills values ​​of balance through the concept of moderation. This study focuses on strengthening premarital education literacy without moderation as an effort to mitigate early divorce among adolescents at the Darul Ihsan Islamic Boarding School. The study focuses on how the premarital literacy program, based on the rights and obligations of couples, improved (80%) and family communication skills (78%), based on pre-test and post-test results. Using qualitative descriptive methods through observation, interviews, and documentation, this study found that premarital education literacy without moderation has a positive impact on improving adolescents' readiness for marriage. In addition, this program has also proven relevant in efforts to reduce the risk of early divorce which often arises due to a lack of mental and spiritual readiness among young couples.

Minan Minan; Teguh Endi Widodo; Tutik Asmorowati; Ruminingsih Ruminingsih; M. Fikri Jauhari +1 more

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Child marriage remains a serious problem in Indonesia despite the revision of the Marriage Law, which raised the minimum age for marriage to 19 for both men and women through Law No. 16 of 2019. This practice remains widespread, especially in rural areas with a high prevalence due to economic and cultural factors, the existence of marriage dispensation mechanisms, and low legal literacy. The phenomenon of child marriage has multidimensional impacts, including reproductive health risks, high school dropout rates, low quality human resources, economic vulnerability, and psychological problems that can ultimately lead to high divorce rates and intergenerational structural poverty. Through Community Service Activities (PKM), prevention efforts are carried out by providing legal education and outreach regarding the risks of early marriage. Methods used include lectures, presentations, modeling, role plays, and small group discussions involving teenagers, parents, traditional leaders, and religious leaders. The results of the activities showed a significant increase in legal understanding, where 85% of participants were aware of the minimum age for marriage according to the latest regulations. Furthermore, there was increased awareness of the negative impacts of child marriage and a growing commitment from community leaders to continue ongoing outreach. The conclusion of this activity confirmed that marriage law education is an effective strategy in raising public awareness. However, preventing child marriage cannot rely solely on legal outreach; it needs to be strengthened through cross-sector collaboration, integration of materials into the school curriculum, family economic empowerment, and strengthening the role of religious and traditional leaders in shaping social opinion. Therefore, efforts to prevent early marriage require a more holistic, participatory, and sustainable strategy to protect children's rights and realize the development of a quality future generation.

Minan Minan; Teguh Endi Widodo; Tutik Asmorowati; Ruminingsih Ruminingsih; M. Fikri Jauhari +1 more

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Child marriage remains a serious problem in Indonesia despite the revision of the Marriage Law, which raised the minimum age for marriage to 19 for both men and women through Law No. 16 of 2019. This practice remains widespread, especially in rural areas with a high prevalence due to economic and cultural factors, the existence of marriage dispensation mechanisms, and low legal literacy. The phenomenon of child marriage has multidimensional impacts, including reproductive health risks, high school dropout rates, low quality human resources, economic vulnerability, and psychological problems that can ultimately lead to high divorce rates and intergenerational structural poverty. Through Community Service Activities (PKM), prevention efforts are carried out by providing legal education and outreach regarding the risks of early marriage. Methods used include lectures, presentations, modeling, role plays, and small group discussions involving teenagers, parents, traditional leaders, and religious leaders. The results of the activities showed a significant increase in legal understanding, where 85% of participants were aware of the minimum age for marriage according to the latest regulations. Furthermore, there was increased awareness of the negative impacts of child marriage and a growing commitment from community leaders to continue ongoing outreach. The conclusion of this activity confirmed that marriage law education is an effective strategy in raising public awareness. However, preventing child marriage cannot rely solely on legal outreach; it needs to be strengthened through cross-sector collaboration, integration of materials into the school curriculum, family economic empowerment, and strengthening the role of religious and traditional leaders in shaping social opinion. Therefore, efforts to prevent early marriage require a more holistic, participatory, and sustainable strategy to protect children's rights and realize the development of a quality future generation.

Melati Wulandari; Suwandono, Agus

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study explores the complexity of ikrar talak (divorce declaration) that does not comply with Indonesia's positive legal framework and its impact on the legal protection of wives and children. Although the Marriage Law and the Compilation of Islamic Law (KHI) regulate the formal procedures for divorce, verbal divorce declarations outside the court remain prevalent, causing legal uncertainty and harm to vulnerable parties. This research employs a normative juridical method, focusing on legal statutes and Islamic legal principles. The findings reveal the urgent need for harmonization between Islamic law and positive law to ensure justice and optimal protection, especially for women and children. Major obstacles include low legal literacy, social acceptance of verbal talak, and limited access to judicial institutions. The study proposes strengthening the role of religious courts, enhancing public legal education, and applying the maqashid sharia approach to safeguard fundamental rights. A holistic legal reform is necessary to ensure that the ikrar talak process adheres to formal legal standards while protecting vulnerable groups.

Raihan Pranata

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The high divorce rate of young couples in Medan City indicates a crisis in family resilience, especially in early marriage. This study aims to determine the divorce rate of young couples, identify the causal factors, and analyze strategies to reduce the divorce rate. The research approach used is qualitative with a case study at the Class I-A Religious Court of Medan. Data were collected through interviews, observations, and documentation of the court and community leaders. The results of the study indicate that economic factors, prolonged conflict, domestic violence (KDRT), and forced marriage are the dominant causes of the high divorce rate. Suggested solutions include increasing premarital education, religious counseling, and strengthening the role of the family in fostering household resilience.

Erni Erni; Tajul Arifin

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of divorce without going through a formal court process, commonly referred to as informal or unregistered divorce, remains prevalent in Indonesian society despite clear regulations outlined in Law Number 1 of 1974 on Marriage. This paper aims to examine the legal dimensions of such practices and explore the social and psychological impacts, particularly on children. Findings indicate that divorces conducted outside the legal framework not only violate national laws but also often result in disadvantages for vulnerable parties, especially women and children. In Islamic teachings, while divorce is permissible, it is considered the most detested lawful act by Allah and should only be pursued after all efforts at reconciliation have failed. National legal provisions echo this perspective by emphasizing mediation and the principle of justice as primary steps in resolving marital disputes. This alignment reflects a harmony between religious norms and state law. Therefore, public awareness of proper legal procedures for divorce needs to be enhanced to protect individual rights and preserve family stability. Strengthening legal education and premarital counseling are effective preventive strategies in this regard.  

Fitria Wahyu Ningrum

Nikah siri is a marriage conducted without official state registration, resulting in significant legal implications for women and children. Religiously, this type of marriage is considered valid; however, from the perspective of state law, the lack of official registration causes women to lose their rights as wives, such as financial support, inheritance rights, and legal protection within the household. Additionally, women in nikah siri marriages do not have a strong legal basis to file for divorce or claim their rights in court. Meanwhile, children born from nikah siri marriages only have a civil relationship with their mother, making it difficult for them to obtain a birth certificate that includes their father's name, inheritances, and rights to care and education from their father. This study aims to analyze the impact of nikah siri on women's and children's rights from a legal perspective and examine the role of itsbat nikah as a legal instrument in providing certainty and protection for affected women and children. This research employs a literature study method with content analysis of various legal texts and related regulations. The findings indicate that the absence of official registration for nikah siri leads to legal uncertainty, resulting in the loss of various rights for women and children. Itsbat nikah serves as a crucial solution to provide legal recognition and protection for those affected. Therefore, official marriage registration is essential to prevent various legal issues that could harm women and children within Indonesia’s legal system.

Muh. Tarmizi Tahir; Alwan, Muhammad; Mashun, Mashun; Sri Harmonika; Sunardi, Sunardi

Jurnal Pengabdian Masyarakat Indonesia Sejahtera 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The problems that are the basis for divorce in the Dasang Lendang hamlet are caused by quarrels, economic problems, failure to fulfill the elements of kafa'ah in marriage, online shopping that causes debt, online gambling. So this Community Service aims to increase the optimization of religious knowledge in reducing divorce cases in the Dasan Lendang hamlet community, Kerumut Village. This Community Service activity uses the Participatory Action Research (PAR) approach. The method used in this service is Socialization. The results of the service show that providing understanding and knowledge to the community is carried out with a socialization strategy from students and lecturers by providing lectures, counseling and marriage advice to the community. So that the community is aware of the dangers of things such as a) Quarrels, b) economic problems, c) online shopping addiction. the above factors have the potential to cause household problems and trigger divorce. So that the implications for the community are expected to be active in participating in educational activities through the majlis taklim held in the prayer room and in the mosque and lectures by the tuan guru to deepen their knowledge of religion.

Elchika Zalfa Athalia Sopian; Hazar Kusmayanti; Pupung Faisal

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The success of a peace effort through mediation is highly dependent on the strategy and skill of the mediator in reconciling couples who are about to divorce. The purpose of this study is to describe the factors related to the legal aspects regarding obstacles to the level of success of mediators as a peace effort in divorce cases and to formulate efforts to optimize the role of mediators in order to reduce the divorce rate in the Soreang Religious Court based on related laws and regulations. This writing uses a normative legal method with analytical descriptive research specifications. The author implements normative law to the facts and practices that occur in the field. Data collection techniques use literature and field studies to collect information on divorce case data and the role of mediators in the Soreang Religious Court. The results of this study indicate that first, the success of peace efforts in divorce cases in the Soreang Religious Court is influenced by various inhibiting factors, including the good faith of the parties who are less cooperative, the influence of legal counsel, the condition of the mediation room is less representative, the parties' lack of understanding of mediation, and the role of the mediator is less than optimal. Second, the mediator's skill and sincerity are the main supporting factors for achieving a successful mediation in the Soreang Religious Court. However, mediators still do not have sufficient skills and professionalism to explain and hold caucuses. This is addressed through education or training programs, as well as enforcement of mediator certification to ensure the quality, credibility, and professionalism of mediators in the Class IB Soreang Religious Court.

Paulina Nirmayazitha Pusparani; Sugiyana Sugiyana; Franciana Andarweni Astuti

Proceeding International Conference on Educating to Intercultural Dialogue in Catholic School 2024 Sekolah Tinggi Pastoral Kateketik Santo Fransiskus Assisi

Mixed marriages and people of different religions cause differences in values ​​and beliefs which give rise to domestic conflicts, especially regarding childcare. This research aims to determine the influence, obstacles, roles and efforts to develop the appreciation of Catholic faith and traditions. This marriage can increase understanding and tolerance towards other religions. However, if tolerance does not occur, conflict will emerge. Religious conflict creates tension in families and even leads to divorce. So efforts are needed to maintain family integrity and children's faith education. The type of research used is qualitative research with a descriptive approach. Information was obtained by in-depth interviews, observation and documentation. From the results, it was found that Catholics maintained their faith and educated their children Catholicically with all their might. Efforts are visible in the testimony of faith when parents become examples and witnesses of faith in everyday life, whether at school, work, or social relationships, by practicing Catholic values ​​in actions and words. Because it is considered dangerous, young people are advised not to choose to enter into mixed marriages or interfaith marriages because they are considered risky and endanger the Catholic faith, affecting the appreciation of the faith and the development of children's Catholic traditions in the family. Efforts to reduce this marriage are by being actively involved in activities in the Church, strengthening one's faith through prayer, practicing the praxis of Catholic life, believing that one's life partner is someone from God.

Fadhilah Umi Nur’aini; Salsabilla Bintang Maharani; Yugo Raiasa Citrasmara Noor T; Berliana Kharisma Asti; Josef Purwadi

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the causes of the high number of contested divorces and to find out solutions to the high rate of contested divorces in the Sukoharjo Religious Court. This research uses empirical research. The research results show that the high rate of divorce is caused by various factors, namely: economic factors, third party factors and moral factors. These three factors are the main causes. The solution to contested divorce is to mediate with the parties and provide legal education to the community regarding the impacts of divorce

Amelda Bala Tondok; Sarah Seru; Abigael Filda Padang

Jurnal Pendidikan Agama dan Teologi 2023 International Forum of Researchers and Lecturers

Divorce is a problem that can affect every family. The impact of divorce can be felt by husbands, wives especially on children. In modern life, now divorce is considered as a way to solve problems in the family, but this is not necessarily successful and the problem will be resolved properly. Christian Religious Education plays a role in the case of divorce in Christian families. The method used in this article is the Systemic Literature Review method, which collects a large number of theories originating from books, research and journals related to the research topic. The results of this study are that Christian education becomes a bridge and becomes a preventive action taker before the family is divorced.