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This study examines the phenomenon of fatherlessness in Indonesia and its relevance to Human security. Rather than limiting the concept to the physical absence of a father, this research highlights functional fatherlessnes s, where the father is present but does not perform his roles in caregiving, emotional support, and economic responsibility. Using a qualitative approach through literature review and conceptual analysis, this study explores how disruptions in family roles can generate broader social vulnerabilities. The findings indicate that fatherlessness is closely linked to various dimensions of human security, particularly personal, economic, and community security. The absence or dysfunction of paternal roles weakens the family as the primary unit of protection, potentially affecting individual well-being, social stability, and the overall quality of human resources. Furthermore, this study finds that existing state responses tend to be reactive and have not fully addressed the issue of functional fatherlessness as a structural social concern. Therefore, this research argues that fatherlessness should be understood not merely as a private family issue, but as a non-traditional security challenge that requires comprehensive policy attention to strengthen human security in Indonesia.

The position of children in marriage plays an important role in family law because it is related to the legal status and fulfillment of children's civil rights. Differences in regulations regarding legitimate children and children born out of wedlock in Indonesian positive law create legal uncertainty, particularly regarding civil relations with biological fathers. This study aims to analyze the legal status of legitimate children and illegitimate children and the changes in the legal paradigm following Constitutional Court Decision Number 46/PUU-VII/2010. This study uses normative legal methods with a statutory and conceptual approach. The results show that before the Constitutional Court decision, illegitimate children only had a civil relationship with their mother and their mother's family, whereas after the decision, illegitimate children can have a civil relationship with their biological father as long as the blood relationship can be legally proven. This decision confirms legal reform efforts to guarantee protection and legal certainty for children without discrimination based on birth status.

This study discusses the judge’s considerations in granting child custody of a non-mumayyiz (underage) child to the biological father in the Religious Court Decision of Tanjung Karang Number: 1379/Pdt.G/2024/PA.Tnk. Generally, according to Islamic law and the Compilation of Islamic Law (KHI), custody of a non-mumayyiz child is granted to the biological mother. However, in this case, the panel of judges decided to grant custody to the biological father. The purpose of this research is to identify the legal reasoning behind the judge’s decision and the legal implications of such a ruling. The study employs a normative juridical method with a descriptive-analytical approach, supported by primary data obtained through interviews and secondary data from legislation and legal literature. The results show that the judge’s consideration was based on the best interest of the child principle, as the mother had remarried a non-Muslim man and converted to another religion, which made her ineligible to be the custodian under Islamic law. The legal implication of this decision reinforces the authority of judges to interpret hadhanah provisions contextually, ensuring the protection of the child’s rights and supporting their growth in accordance with religious teachings and prevailing social norms.

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

This study examines the legal protection of children born from Toba Batak customary marriages that are not officially registered by the state. In Toba Batak customary law, a marriage is considered valid after all traditional ceremonies have been carried out, so that the child is recognized by the father's clan and social status within the customary community. However, state law requires marriage registration to ensure the certainty of the parents' legal status and the fulfillment of the child's civil rights. The absence of marriage registration has legal consequences in the form of limited recognition of the civil relationship between the child and the father, which impacts identity registration, access to public administration services, and the fulfillment of inheritance rights. This study uses a normative juridical method with analytical descriptive specifications through a review of laws and regulations, legal literature, and court decisions. The results show that preventive legal protection is realized through marriage registration to guarantee the child's right to identity. Meanwhile, repressive legal protection can be achieved through court decisions supported by valid evidence to confirm the child's legal status and ensure the fulfillment of their basic rights.

The absence of a father or fatherlessness in a family is a serious problem that affects children's social, psychological, and educational development. This condition becomes even more complex when experienced by street children who live in limited economic conditions and lack family support. The purpose of this study is to reveal the social life of street children on Jalan Krakatau Ujung, Medan Deli District, find the factors that cause fatherlessness, and study the consequences. This study is a qualitative study conducted through a descriptive approach. Data were collected through documentation and in-depth interviews with street children, parents, and community leaders. The results of the study show that the factors causing fatherlessness include divorce, abandonment, and the death of the father. Fathers may also migrate or engage in deviant behavior, such as drug abuse. Children without parents have visible impacts in the form of psychological vulnerability, such as loneliness, lack of self-control, and lack of self-confidence; social impacts, such as difficulty socializing, vulnerability to bullying and exploitation; and educational impacts, such as lack of desire to learn and limited access to education. The lives of street children at the traffic light intersection on Jalan Krakatau Ujung show weak family functioning, especially the role of the father, which encourages children to earn their own living from an early age.

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.

This study aims to determine the representation of the father's role as a single parent in the short film "Mana Janji Ayah." The study used a qualitative method with Roland Barthes's semiotic analysis focusing on three layers of meaning: denotation, connotation, and myth. The analysis was conducted on scenes depicting the father's role, including as protector, patient, breadwinner, caretaker, and bringer of happiness to children. The results show that the representation of fathers is not limited to financial functions but also encompasses emotional and moral roles, such as affection, responsibility, and sacrifice in raising children. The film depicts a single father who works as a bajaj driver to support his children after the death of his wife, despite often facing economic constraints and environmental stigma. This representation is conveyed through visual and audio cues that reinforce the message of a father's struggle and sincerity. This study confirms that film can be a medium that reflects social reality, particularly the complexity of the role of single fathers, which is often overlooked in society.

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

he fatherless phenomenon in Bandung City affects family communication patterns and influences how adult women determine partner criteria. This study aims to examine the conversation and conformity orientations in the family communication of fatherless adult women when choosing a life partner. The research employed a qualitative case study approach using purposive sampling, involving four key informants and eight supporting informants. The findings indicate that conversation orientation is more focused on the mother, but is limited by feelings of awkwardness and inequality in speaking positions, reducing openness in discussing life values. The conformity orientation, centered on the mother as the dominant figure, does not always reach the child due to emotional differences and the indirect delivery of expectations, which create emotional distance and tension. The mother assumes a dual role as the source of values, moral guidance, and understanding of family life; however, communication tends to be one-sided and less balanced. The study recommends that individuals who have experienced the loss of a father figure develop self-awareness regarding the influence of past experiences in partner selection, understand the relationship values they believe in, and foster healthy communication to build more stable and meaningful relationships. In addition, the study highlights the importance of creating safe spaces for dialogue within the family, so that openness and equality in communication can emerge. Strengthening social support systems, including peer and community support, can also complement family communication, thereby helping fatherless adult women establish healthier relationship choices in the future.

This research examines the legal safeguards for children born outside of marriage in Indonesia after the release of Constitutional Court Decision (MK) No. 46/PUU-VIII/2010, which represented a pivotal shift in national family legislation. Up until now, children born outside of marriage have frequently encountered bias and unfair treatment, both socially and legally. The Constitutional Court (MK) Decision No. 46/PUU-VIII/2010 marks an important advancement in enhancing the civil status of children born outside of marriage, establishing connections not just with their mother and her relatives, but also with their biological father if scientifically validated, for instance, via DNA testing. In this research, the author will examine how judges define legal protection for children born outside of marriage in light of Constitutional Court Decision No. 46/PUU-VIII/2010 and how this decision is executed in legal practices and everyday life, especially concerning the acknowledgment of rights for children born outside of marriage and the obligations of their biological fathers.This study uses a normative research method with a legislative approach and a case approach.  Data was collected through library research covering primary, secondary, and tertiary legal materials, namely by collecting legal materials through studies of books, journals, legal research results,  as well as various official institutional documents such as regulations and other literature relevant to the issues being studied.  The research findings indicate that legal protection for children born out of wedlock needs to be further strengthened through legal reform, public education,  and legal recognition and validation mechanisms, so that the basic rights of children can be optimally fulfilled in accordance with human rights principles and applicable laws and regulations.

The family is an essential social unit that contributes significantly to the protection of children's rights and welfare. In the context of Indonesian law, the legal status of children born out of wedlock was severely limited before the Constitutional Court Decision No. 46/PUU-VIII/2010. This study aims to examine changes in the legal status of out-of-wedlock children and their implications for custody after the decision. This research uses a qualitative method with a literature research approach, through the analysis of primary and secondary legal materials, such as Constitutional Court decisions, scientific literature, legal journals, and relevant laws and regulations. Prior to the Constitutional Court's ruling, children born out of wedlock were only recognized as having a civil relationship with their mother and mother's family, which had an impact on limited children's access to legal identity, custody, and inheritance. However, the Constitutional Court Decision No. 46/PUU-VIII/2010 opens up the opportunity to recognize the legal relationship between an out-of-wedlock child and his biological father, as long as it can be scientifically proven (through DNA tests) and legally. This change strengthens the position of children in obtaining custody (alimentasi), including the right to maintenance, protection, education, and financial support from the biological father. This ruling reflects significant progress in the protection of children's rights and the application of the principle of non-discrimination in Indonesian family law. Nevertheless, implementation in the field still faces challenges, both administratively, such as the convoluted recognition process, and socially, especially the stigma against children out of wedlock. Other challenges include low public legal literacy, limited access to scientific proof institutions, and the non-optimal role of the state in guaranteeing the rights of children born out of wedlock.

Divorce has a significant impact on a child's psychological and social development, particularly in the aspect of determining custody rights, which should prioritize the principle of the child's best interests. This study aims to analyze the balance between Islamic legal norms as stipulated in the Compilation of Islamic Law (KHI) and positive law in Indonesia, in cases where children under the age of 12 express a desire to live with their father after the divorce. The research approach used is a juridical-normative with a qualitative analysis method that focuses on a literature review of laws and regulations such as the KHI, the Marriage Law, the Child Protection Law, and the Convention on the Rights of the Child, as well as relevant legal and jurisprudential literature. The results of the study indicate that although normatively the KHI prioritizes the mother as the caregiver of children under 12 years old, there is room for flexibility that allows the court to consider the child's wishes if it better ensures the child's welfare and safety. This approach is supported by the principle of maslahah mursalah in Islamic law, which allows adjustments for the benefit of the child. The main challenges in its implementation include the minimal involvement of professionals such as child psychologists in the evaluation process, the existence of gender stereotypes that influence judges' decisions, and emotional conflicts between parents that often override the interests of the child. Therefore, this study recommends that judicial institutions actively involve psychologists and mediators in custody proceedings, improve training for judges in understanding the psychosocial dynamics of children, and update legal guidelines so that children's wishes can be assessed objectively. Furthermore, education to the wider public about the importance of gender non-discrimination in child care is also needed so that custody decisions truly reflect the principles of comprehensive child protection and welfare.

This study examines the transfer of custody (hadhanah) rights of a non-mumayyiz child to the father, as decided in Judicial Decision No. 1882/Pdt.G/2019/PA.Mdn by the Medan Religious Court. According to Article 105 letter (a) of the Compilation of Islamic Law (KHI), the custody of a child under the age of 12 (non-mumayyiz) is generally granted to the mother. However, in this case, the court ruled otherwise. The focus of this research is to analyze the legal reasoning and judicial considerations behind this deviation from normative provisions. This is a normative legalresearch employing a juridical and conceptual approach. Primary data include statutory provisions and the official court ruling, while secondary data are derived from classical Islamic jurisprudence, modern legal commentaries, and related literature. The analysis uses descriptive-analytical methods to examine the legal basis, fiqh arguments, and the principle of maslahah al-mahdhun (best interests of the child). The findings indicate that the court transferred custody to the father on the grounds that the mother had remarried and was experiencing psychological instability, which could endanger the child’s well-being. The decision was based on Article 156 letter (c) of the KHI, which allows custody to be transferred if the mother fails to guarantee the child’s physical and mental safety. The judge also considered the father's financial capability, emotional stability, and supportive environment as decisive factors in ensuring the child's best interests. This research concludes that child custody in Islamic law is flexible and adaptive, prioritizing the child’s welfare over formal legal entitlements. It also highlights the role of religious court jurisprudence in aligning Islamic legal norms with contemporary social realities.

The purpose of this research is to analyse the legal status of children born from marriages of different nationalities in the perspective of Indonesian Civil Law and Islamic Law. This research is important because children born from mixed marriages are entitled to protection of their legal status in order to maintain the continuity of life, legal position and civil interests. The research method used is normative juridical legal research with qualitative data types in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials relevant to the topic of this research and data collection techniques using library research or literature studies with legal material analysis techniques using descriptive analysis methods. The results of this study state that the law of marriage between different nationalities in the perspective of Indonesian civil law and Islamic law raises problems with the law of marriage itself as well as the legal status, civil rights and citizenship rights of children. In the perspective of Indonesian civil law and Islamic law, the law of marriage of different nationalities is a valid marriage and the legal status of the child is a legitimate child, the civil rights of children from marriages of different nationalities are the same as children in general and the legal status of the child's citizenship as an Indonesian citizen follows the citizenship of the father or mother who is an Indonesian citizen and can also have dual citizenship until he is 18 years old or married, after which the child must declare choosing one of his citizenship.

In the perspective of victimology, children who are victims of domestic violence are viewed as a vulnerable group that needs protection and justice. This study aims to analyze the patterns of victimization, factors, and legal protection for child victims of Domestic Violence in Ciruas Pasar Village. The research method used in this study is empirical juridical. The data sources consist of primary and secondary data collected using interview techniques and field studies, and analyzed using qualitative descriptive methods. The results of this study indicate that children as victims of Domestic Violence experience complex victimization, including physical and verbal violence perpetrated by the father figure with a background of economic problems and emotional instability. The lack of public awareness, the victims' courage to report, and limited access to rehabilitation services are factors contributing to the inadequate implementation of legal protection for child victims of Domestic Violence in Ciruas Pasar Village. Therefore, synergy between the government, law enforcement agencies, social institutions, and the community is needed to create a more effective, inclusive, and sustainable child protection system.

Kupang City is the capital of East Nusa Tenggara province which is inseparable from the case of rape of a father against a biological child. There are several cases including a minor being a victim of sexual violence. Tragically, a student of a junior high school in Kupang became a victim of rape committed by her biological father. The case of adultery committed by the father to his biological child was handled by the PPA Unit of the Kupang City Police Satreskrim in 2019. The results of this study show that (1) the causative factor for children as victims of rape by biological fathers in Kupang City is the influence of lack of religious understanding in the family environment that causes the perpetrator to commit crimes. The actions carried out by the perpetrator were carried out repeatedly without thinking about the mental and physical influence of the victim. For this reason, it is hoped that religious understanding can be applied in the family environment so that it becomes a moral benchmark for one's life as well as the cases researched by the author. (2)) The impact on children as victims of rape by biological fathers in Kupang City is the physical and social impact experienced by the victim after the incident that befell the victim. (3) Legal Protection Efforts for Children as Victims of Rape by Biological Fathers in Kupang City In particular, Indonesia has its own law regarding the protection of children, namely Law Number 23 of 2004 concerning Child Protection. In Articles 81 and 82 of the Law on Child Protection, it is stipulated that the perpetrator of sexual abuse of children is sentenced to a maximum of 15 years in prison.

This study explores the dynamics of interpersonal communication between mothers and their children in mitigating the effects of fatherlessness in Bahagia Subdistrict, Bekasi City, Indonesia. Fatherlessness—defined as the absence of a father figure in a child’s emotional and developmental life—has become an increasingly significant social phenomenon, with Indonesia ranking among the highest in the world for fatherless households. The study aims to understand how single mothers manage emotional communication and perform dual parental roles to sustain their children’s psychological well-being. Using a qualitative descriptive approach, data were collected through in-depth interviews and participant observation involving three single mothers and four children living in Bahagia Subdistrict. The findings reveal that effective interpersonal communication—grounded in openness, empathy, supportiveness, positiveness, and equality—strengthens emotional bonds, builds trust, and fosters resilience in children growing up without fathers. Moreover, such communication becomes a key coping mechanism that enables mothers to reduce the negative psychological and social consequences of fatherlessness, such as low self-esteem, social withdrawal, and academic decline. The study contributes to the field of family communication by illustrating the adaptive strategies of single mothers in Indonesia as they balance affection, discipline, and economic responsibilities. The results highlight how communication can function not only as an emotional bridge but also as a practical tool for building stability and maintaining harmony in single-parent households.

On February 17, 2012, the Constitutional Court granted the lawsuit filed by Hj. Aisyah Mochtar who filed a judicial review of Article 34 Paragraph (1) of Law Number 1 of 1974 concerning Marriage. This lawsuit arose from her marriage to Moerdiono in accordance with Islam which was not officially registered, which gave birth to a son, Iqbal Ramadhan. The Constitutional Court's decision changed the status of illegitimate children, who previously only had a civil relationship with the mother, now also have a civil relationship with the father and the father's family. This decision applies not only to children born from unregistered marriages, but also to children from relationships between men and women without the bonds of marriage which can be proven through technology such as DNA testing. These children are entitled to civil rights protection, such as maintenance and education, but are not related to guardianship issues. In its considerations, the Constitutional Court emphasized that the law must provide fair protection and legal certainty for the status of children, including those born even though their marriage is still disputed. Eliminating discrimination against illegitimate children aims to provide positive value for the future of children. The obligation of alimony that was previously only borne by the mother, is now shared with the father who can be proven to have a blood relationship with the child. If the father neglects to fulfill his obligations, he can be sued in court. The next question is how the Constitutional Court Decision will be implemented regarding the recognition of the lineage of children born outside of legal marriage.

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.