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Parental violence against children constitutes a serious violation of their human rights, as guaranteed by Article 5 of the 1948 Universal Declaration of Human Rights and Article 19 of the 1989 Convention on the Rights of the Child. It is also contrary to Indonesia’s family law system, as set out in Law No. 35 of 2014 on Child Protection. This study aims to analyse the forms of such violence and formulate a holistic, restorative strategy to restore children’s human rights. Using a normative-empirical approach involving the analysis of legal documents, court rulings and 2023 data from the National Commission on Violence Against Women (Komnas Perempuan), which recorded 45,000 cases annually (60% of which involved parents as perpetrators), it was found that effective strategies include medical and psychological rehabilitation via P2TP2A and TF-CBT, and restorative justice through mediation under Supreme Court Regulation (Perma) No. 4 of 2019. Socio-economic support, such as the PKH programme, is also crucial. The main obstacles are patriarchal culture and a regulatory vacuum regarding the KHI. The conclusion emphasises the need for cross-sectoral commitment and makes recommendations including the introduction of mandatory parental counselling, prioritisation of court mediation, sub-district recovery units and large-scale public awareness campaigns. This study contributes to the strengthening of child protection within Indonesian family law.

Marriage in Islamic law constitutes a sacred covenant (mīthāqan ghalīẓan) that carries theological, social, and juridical dimensions. Within this framework, the guardian (walī nikāḥ) plays a pivotal role whose legal status has long been contested across Islamic jurisprudential schools. This study examines the authority of the marriage guardian from three analytical layers: its doctrinal construction across the four major madhabs, its codification in Indonesian positive law, and its practical implementation in religious court jurisprudence. Employing a normative legal research method, this study draws on conceptual, statutory, and case approaches, with primary legal materials comprising Qur’anic verses, prophetic traditions, Law No. 1 of 1974, the Compilation of Islamic Law (KHI), and Ministerial Regulation (PMA) No. 30 of 2024. The findings reveal fundamental differences among the madhabs: the Shāfi‘ī, Mālikī, and Ḥanbalī schools treat the guardian as an essential pillar (rukun) of the marriage contract, whereas the Ḥanafī school views guardianship as a complementary element based on the concept of legal capacity (ahliyyah). Indonesian positive law, through Article 19 of the KHI, adopts the Shāfi‘ī position by designating the guardian as an obligatory rukun. The study further finds that the mechanisms of walī ‘aḍal (recalcitrant guardian) and wakalah al-walī (delegation of guardianship) serve as legal instruments that reconcile formal-procedural requirements with practical social needs, thereby affirming that guardianship norms function both as a religious requirement and as a state-administered mechanism for protecting women’s rights in marriage.

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

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.

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.

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.

This study examines the legal provisions regarding interfaith marriage in Indonesia from the perspective of Islamic law and national law. The focus lies on the differences and points of convergence between the two legal systems in assessing the validity of marriages conducted between couples of different religions. This research employs a library research method with a normative-comparative approach, analyzing primary sources such as the Qur’an, Hadith, the Compilation of Islamic Law (KHI), Law Number 1 of 1974 on Marriage, as well as relevant court decisions. The results show that Islamic law explicitly prohibits interfaith marriage, particularly between a Muslim woman and a non-Muslim man, as it contradicts the principles of faith and the objectives of marriage in Islam. Meanwhile, national law through Law Number 1 of 1974 stipulates that a marriage is valid only if conducted according to the laws of each religion and belief, which implicitly rejects the legality of interfaith marriage. In practice, however, some individuals seek legal loopholes through human rights interpretations or by registering their marriages abroad. Therefore, both Islamic and national law share the same goal: to preserve the sanctity of marriage and maintain social harmony based on the divine values upheld by the Indonesian nation.