Publication Search

This study analyzes the minimum age of marriage in Islamic jurisprudence and compares it with the positive law regulations in Indonesia and Malaysia. Using a normative legal method with comparative and conceptual approaches, the study draws on primary sources, including the Qur'an, hadith, Law Number 16 of 2019 on Marriage in Indonesia, and the Islamic Family Law (Federal Territories) Act 1984 in Malaysia. The analysis focuses on how Islamic legal principles concerning marriage eligibility are interpreted and incorporated into contemporary legal frameworks in both countries. The findings reveal that Islamic jurisprudence (fiqh) associates marital readiness with the concept of baligh (puberty) without prescribing a specific numerical age, whereas state law establishes fixed minimum age requirements to safeguard the rights and welfare of women and children. Indonesia sets the minimum marriage age at 19 years for both males and females, while Malaysia prescribes 18 years for males and 16 years for females, with judicial dispensation available in both jurisdictions under certain circumstances. These legal arrangements demonstrate each country's effort to harmonize classical Islamic jurisprudence with contemporary social protection objectives through institutional ijtihad, reflecting a balance between religious principles, legal certainty, and public welfare in regulating marriage.

Marriage is one of the fundamental institutions in Indonesian law, regulated through Law Number 1 of 1974 concerning Marriage as subsequently amended by Law Number 16 of 2019. The practice of polygamy in Indonesia is not absolutely prohibited, yet it is subject to strict requirements, including obtaining prior permission from the Religious Court and consent from the existing wife or wives. The absence of such permission constitutes a serious violation of marital law. This study examines the juridical review of polygamy without permission under Indonesian marriage law, focusing on the high-profile case of Ahmad Dhani and Maia Estianty. Using a normative legal research method with a statutory and case study approach, this paper analyzes the legal basis of polygamy regulation, the legal consequences of unauthorized polygamy, and the legal remedies available to aggrieved parties. The findings indicate that Ahmad Dhani's marriage to Mulan Jameela without obtaining permission from the Religious Court and without the consent of his first wife, Maia Estianty, constituted an unlawful act under Indonesian marriage law. Such unauthorized polygamy renders the second marriage legally defective and potentially voidable. Furthermore, the aggrieved wife has the legal right to file for divorce and claim compensation under applicable civil law provisions. This study also reveals systemic weaknesses in the enforcement of polygamy regulations in Indonesia, particularly the lack of effective sanctions against violators. Recommendations are directed at legislative reform to strengthen existing provisions and enhance judicial oversight of polygamous marriages in Indonesia.

One of the long-standing marriage traditions in the Ende community is the ana ale marriage tradition. Ana ale marriage is a form of marriage based on an agreement between the parents of the man and woman, as well as a long-established good relationship between both parents. This research was conducted in Tiwu Tewa Village, Ende Timur District, Ende Regency. This research aims to understand the fundamental values contained in marriage as viewed from customary law, the process of implementation and its legitimacy, as well as the obstacles in the implementation of the ana ale marriage. The method used is empirical legal research with a qualitative approach, which includes interviews and literature study. The research results show that the fundamental values contained in the ana ale marriage, as viewed from customary law, consist of sacred and spiritual values, responsibility and commitment values, social and mutual assistance values, and adherence to customs. The process of implementing the ana ale marriage includes Ru’u Tu Jaga Rara, Janji, Puzi Ru’u, Teo Zambu, Bou Engga, Mai Tu Gega Padha, Tu Ngawi, Teke Ngara, Dari Nikah, Tu Ana. Meanwhile, the marriage is considered valid at the Tu Ana ceremony. The obstacles faced in the ana ale marriage include economic factors and the occurrence of clandestine marriages by the female party.

Changes in values in modern society have led to a shift in the meaning of love in marital relationships, from moral and spiritual commitment to momentary emotions oriented towards personal satisfaction. This shift has weakened long-term commitment and increased relational conflict within families. Islam, with its concept of marriage as mitsāqan ghalīẓā and love as amanah, offers a relevant normative framework to respond to this crisis. This study aims to examine the concept of marriage in Islam and analyze how the values of sakinah, mawaddah, and raḥmah can be solutions to the crisis of the meaning of love in modern families. The method used is a qualitative literature study, through an examination of classical and contemporary Islamic literature and scientific studies on the dynamics of modern families and relationships. The data were analyzed thematically to identify the relationship between the meaning of love, commitment, and relational conflict. The results and discussion show that reducing love to mere emotion weakens the stability of marriage, while understanding love as a spiritual and moral trust strengthens empathy, communication, and conflict resolution mechanisms. The principles of ṣabr, raḥmah, and musyawarah have proven to play an important role in maintaining the resilience of relationships. In conclusion, Islamic marriage values provide a solid and adaptive ethical foundation for building a harmonious, mature, and sustainable family amid the challenges of modernity.

The determination of a minimum marriage age is a central issue in Indonesian family law and Islamic legal discourse, particularly regarding the prevention of health, social, and psychological risks associated with child marriage. This study analyzes the alignment between the legal requirement of a minimum age of 19, as stipulated in Law No. 16 of 2019 and Constitutional Court Decision No. 22/PUU-XV/2017, and the framework of maqāṣid sharī‘ah, especially the hierarchical structure of dharuriyyāt, ḥājiyyāt, and taḥsīniyyāt. Employing a normative juridical method supported by extensive literature review, this research examines statutory regulations, classical and contemporary Islamic legal sources, works on maqāṣid, and empirical data from national and international institutions. The findings demonstrate that the minimum age of 19 substantively accords with maqāṣid sharī‘ah: at the dharuriyyāt level, it safeguards life, intellect, and lineage from medical, psychological, and social harm; at the ḥājiyyāt level, it prevents economic hardship, emotional instability, and the inability of young couples to assume household roles; and at the taḥsīniyyāt level, it preserves human dignity, ethical conduct, and the sanctity of marriage. Consequently, the regulation is not a departure from classical Islamic jurisprudence but rather an implementation of public interest (maṣlaḥah) adapted to contemporary societal realities. This study affirms that integrating maqasid-based reasoning into public policy strengthens the protection of families and future generations in Indonesia.

Marriage is a very strong contract (mistaqan ghalidan) to obey Allah's commands and carrying it out is an act of worship. The goal is to realize a household life that is sakinah, mawaddah, and rahmah. In the realization of a household with the bonds of marriage there are components that cover it, both in terms of regulations and legal concepts. Basically, a marriage agreement is a form of protection or protection if in the future there are things that are not desired by both parties such as death, divorce or bankruptcy, the legal basis regarding the marriage agreement itself has been regulated in the Compilation of Islamic Law and the Marriage Law Number 1 of 1974 and the Constitutional Court Decision No. 69 / PUU-XII / 2015, After the birth of the Constitutional Court Decision Number 69 / PUU / XII / 2015, the marriage agreement has changed both in terms of the time of creation and the institution that has the authority to ratify the marriage agreement.

The increase in national divorce rates based on data from the Central Statistics Agency in 2024, which reached 394,608 cases and rose to 438,168 cases in 2025, indicates that family conflicts remain a legal and social issue affecting family resilience, child protection, and social stability in society. In the Indonesian legal system, divorce is fundamentally placed as a last resort (ultimum remedium) after reconciliation thru mediation, as regulated in Law Number 1 of 1974 on Marriage, as amended by Law Number 16 of 2019, Supreme Court Regulation Number 1 of 2016 on Mediation Procedures in Court, and provisions in Law Number 18 of 2003 on Advocates. However, studies on the optimization of the preventive role of advocates in divorce mediation are still relatively limited, even tho advocates hold a strategic position as independent law enforcers within the judicial system. This research aims to analyze the legal position of lawyers in divorce mediation and to formulate the optimization of the lawyer's role in preventing avoidable divorces. The research uses a normative juridical method with legislative, conceptual, case, and comparative approaches thru the analysis of various related regulations, legal doctrines, and scientific literature. The research results show that lawyers not only function as legal representatives in litigation processes but also have a preventive role as legal advisors, negotiators, and facilitators of peaceful family dispute resolution. The optimization of these roles can be achieved thru the provision of objective legal advice, early identification of the root causes of family conflicts, facilitation of communication between parties, and collaboration with mediators and family counselors in the mediation process.

This study aims to analyze the practice of collaborative governance in the innovation of population administration services through the integrated marriage legalization (isbat nikah) program implemented by the Civil Registration and Population Office (Dukcapil) in collaboration with the Religious Court. The program represents a governmental initiative to provide legal certainty for unregistered marriages while improving citizens’ access to legal identity documents. This research employs a qualitative approach with descriptive analysis to examine inter-organizational collaboration in public service delivery. The analytical framework refers to the collaborative governance model developed by Chris Ansell and Alison Gash, focusing on three key dimensions: starting conditions, institutional design, and facilitative leadership. The findings indicate that the initial conditions of collaboration were driven by the high number of unregistered marriages and the institutional limitations of each agency in addressing the issue independently. In terms of institutional design, the collaboration is supported by formal cooperation agreements, clear division of roles, and integrated service mechanisms among participating institutions. Furthermore, facilitative leadership plays a crucial role in fostering coordination, communication, and shared commitment among stakeholders. The study concludes that collaborative governance in the integrated marriage legalization service program enhances the effectiveness of population administration services while providing legal certainty for citizens.

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

This study examines the role of the Office of Religious Affairs (Kantor Urusan Agama/KUA) of Medan Petisah District in realizing sakinah families within the community. A sakinah family is one of the main goals of marriage in Islam, characterized by tranquility, affection, and harmony based on faith and devotion to Allah SWT. This study aims to analyze the concept of a sakinah family from an Islamic perspective, as well as the role and forms of family development activities carried out by the KUA of Medan Petisah District. The research employs a qualitative method with a descriptive approach through interviews and documentation involving KUA officials and religious counselors. The findings indicate that the KUA plays an active role through premarital guidance and religious counseling in fostering sakinah families. This study is expected to contribute as an evaluation and provide recommendations to improve the effectiveness of sakinah family development programs.

This research addresses the high divorce rate in three districts and cities, highlighting the lack of household harmony and integrity. The study focuses on the role and function of the Marriage Guidance and Preservation Advisory Board (BP4) in consultation and mediation. The objectives of the research are: 1) To identify the role of BP4 in fostering household harmony, 2) To examine the implications of Family Law in BP4’s role, and 3) To analyze BP4’s contribution to household harmony in East Priangan. The research employs a sociological juridical approach, examining the law based on norms and regulations while assessing its empirical application in community life. The research adopts qualitative methods. The findings show that: 1) BP4's role in maintaining household harmony is functioning normatively and functionally through non-litigation counseling and mediation, but its implementation remains uneven and reactive, preventing optimal development of the preventive function. 2) BP4’s legal implications are strong as a pre-litigation mechanism, but its limited authority and minimal integration with the judicial system hinder its effectiveness. 3) Barriers to BP4’s assistance include low participation, limited legal authority, a litigative culture, and weak institutional capacity. The research suggests a new model for Restorative-Preventive Family Governance to strengthen BP4’s role in conflict prevention

The reform of family law in Indonesia represents an essential response to social developments and the growing demand for constitutional protection of citizens’ rights. Family law, primarily governed by Law Number 1 of 1974 on Marriage, has long been criticized for not fully reflecting substantive justice, particularly for vulnerable groups such as children born outside marriage, persons with mental disabilities, and couples facing complex marital relations. In this context, the Constitutional Court of Indonesia (Mahkamah Konstitusi) plays a crucial role as the guardian of the Constitution by promoting progressive reforms through its landmark decisions. This study examines the implications of five significant Constitutional Court rulings: Decision No. 46/PUU-VIII/2010 concerning the legal recognition of children born out of wedlock; Decision No. 93/PUU-XX/2022 addressing guardianship and the rights of persons with mental disabilities; Decision No. 69/PUU-XIII/2015 allowing post-nuptial agreements; and Decisions No. 68/PUU-XII/2014 and No. 24/PUU-XX/2022 regarding interfaith marriage. These rulings demonstrate a paradigm shift from a rigid legalistic approach toward a constitutional framework grounded in human rights, equality, and substantive justice. Furthermore, notaries hold a strategic position as public officials authorized to draft authentic deeds, serving as a bridge between constitutional values and legal practice. Notaries are not merely administrative actors but are responsible for ensuring that legal documents align with positive law and provide legal certainty and protection for individuals. Therefore, the reform of Indonesian family law should not remain solely at the normative level of Constitutional Court rulings but must be effectively implemented in daily legal practice.

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.

One of the most contentious topics in modern Islamic family law is polygamous marriage, especially in plural legal systems like Indonesia where national laws and human rights concepts collide with religious standards. With an emphasis on the pursuit of substantive justice within both Islamic and national legal paradigms, this study uses a socio-legal framework to analyze Indonesia's reform of polygamous marriage law. In order to evaluate the efficacy of current legal regulations, such as Law No. 1 of 1974 as amended by Law No. 16 of 2019 and the Compilation of Islamic Law, this study combines the principles of maqāṣid al-sharīʿah with socio-legal theory, drawing on normative-theological analysis and qualitative doctrinal research. The results show that normative legal ideals and actual socio-legal reality continue to diverge. The ability of statutory rules to provide women and children with meaningful protection is limited because, although they set stringent procedural requirements to prevent polygamy, their execution frequently remains formalistic and institutionally constricted. Furthermore, the achievement of justice as envisioned in Islamic ethical principles is undermined by the persistence of dominant patriarchal legal cultures in influencing judicial procedures and public attitudes. In order to reframe polygamy as a conditional socio-ethical institution rather than an inalienable legal privilege, this paper suggests a reform-oriented legal framework. The study promotes a contextualized view of Islamic law that is consistent with both international human rights norms and constitutional ideals by placing a strong emphasis on substantive justice, gender fairness, and public benefit. The results provide policy-relevant insights for creating a more just and socially responsive family law system in Indonesia and add to the ongoing discussions on Islamic legal reform.

This research is based on the shortage of functional penghulu officers, which has become a serious issue for the government, particularly the Ministry of Religious Affairs of Indonesia. This condition can affect the quality of services in marriage registration, family guidance, and the provision of legal certainty to the community. To overcome the emergency of penghulu personnel, it is necessary to propose that the position of penghulu also be granted equal access to women, whereas until now the position of penghulu has been dominated only by men. Therefore, this research aims to conduct a comprehensive study on the provisions regarding the opportunities and problems of female penghulu within Indonesia’s civil law system, in which civil law is the official positive legal umbrella governing penghulu affairs. This research is normative legal research employing a statutory approach and a conceptual approach. Meanwhile, the primary legal materials of this research consist of various laws and regulations directly related to penghulu affairs. The results of this research indicate that the opportunities for female penghulu within the civil law system are very open, constitutionally valid, and not subject to any normative prohibition. The problems arise when female penghulu are requested to act as guardians appointed by the court (wali hakim) or entrusted with the delegated guardianship of marriage (taukil wali). This is because, under Indonesia’s civil law, a wali hakim or a person receiving taukil wali is required to be male. In addition, another problem is the existence of a specific requirement to be male that must be fulfilled in the recruitment of penghulu personnel as stated in the Announcement Letter on the Recruitment of Candidates for Civil Servants of the Ministry of Religious Affairs.  

This study discusses the judge’s considerations in granting permission for polygamy to a husband who had committed adultery, as stated in the Religious Court Decision of Tanjung Karang Number: 737/Pdt.G/2024/PA.Tnk. Generally, Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 on Marriage upholds the principle of monogamy but allows polygamy under certain conditions with court approval. This case is particularly interesting because the court granted permission for polygamy to a husband who was proven to have engaged in an affair and committed adultery resulting in a child born out of wedlock. The study aims to identify the legal considerations of the judge and the legal implications regarding the marriage and joint property. The research employs an applied normative legal method with a qualitative approach, using primary data from interviews and secondary data from legislation and legal literature. The results show that the judge considered granting permission for polygamy as a means of legalizing the existing relationship to maintain public morality and prevent continuous sinful behavior, although it conflicts with moral values. Legally, the second wife has no rights over the joint property acquired before the polygamous marriage, as stipulated in Article 65 paragraph (1) letter b of the Marriage Law

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

This study aims to analyze the meaning of interfaith marriage in the film Komang using Ferdinand de Saussure's semiotic theory. This theory emphasizes the relationship between signifier and signified as well as the concepts of langue and parole to explain the interaction between social systems and individual expression. The results of the analysis show that the visual, verbal, and symbolic signs in the film represent the clash between love and belief. Scenes such as the initial meeting at a cultural festival, family rejection, and symbolic marriage become a form of negotiation between social values and personal freedom. This film affirms that interfaith marriage in Indonesia can only be accepted through compromise with the religious norms of the majority, but still presents a message of tolerance through symbols of cultural harmony. Therefore, the film Komang is not just a romantic narrative, but a social reflection on the relationship between religion, culture, and love in a pluralistic society.

Unequal access to population administration services remains a persistent governance challenge in archipelagic and geographically constrained areas, where spatial dispersion, limited connectivity, and high mobility costs systematically hinder citizens’ ability to obtain legal identity documents. In island regions, weak sea transportation networks, weather-dependent travel, and long distances to administrative centers reduce the feasibility of conventional, office-based service delivery, producing administrative exclusion that undermines equal citizenship. These barriers also intersect with socio-administrative realities, including the prevalence of unregistered marriages (nikah sirri), which constrains civil registration processes and delays the formal recognition of marital status and household composition within population administration systems. Against this backdrop, this review article aims to synthesize reputable scholarly literature on pelayanan jemput bola (mobile/outreach public services) as a policy strategy to advance service inclusivity and administrative justice in population administration, particularly for geographically marginalized communities. Methodologically, the article employs a thematic–conceptual literature review, systematically identifying and analyzing peer-reviewed journal articles and conference proceedings published primarily within the last five to ten years across recognized academic databases. The synthesis identifies key rationales and conceptualizations of outreach services, maps major implementation models (mobile units, community-based outreach, integrated one-stop outreach, and hybrid outreach–digital arrangements), and consolidates recurrent success factors, including local state capacity, inter-actor coordination, frontline discretion, and policy support. It also highlights persistent challenges such as logistical uncertainty, resource constraints, uneven digital readiness, and governance fragmentation across island territories. The article concludes that mobile/outreach population administration services can substantially improve equitable access to legal identity and strengthen civil rights realization in archipelagic contexts, but only when embedded in capacity-building and geography-sensitive governance arrangements. By integrating fragmented strands of scholarship, the review offers a conceptually grounded framework and policy-relevant implications for designing sustainable and just population administration reforms in island regions.

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.