Publication Search

Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.

Divorce is an increasing social reality within Christian congregations, including in Indonesia, bringing profound psychological, social, and spiritual impacts while simultaneously presenting serious challenges for the church's pastoral ministry. This article examines the theological foundation and practical approaches in pastoral accompaniment for congregation members experiencing divorce, employing library research methodology within a pastoral theology framework. The study reveals that the church is called to be present not as a judge, but as a healing, supportive, and restoring community. Effective pastoral accompaniment encompasses empathetic pastoral counseling, a compassionate congregational community, intentional attention to affected children, and a long-term restoration commitment rooted in Gospel grace. The church is called to move beyond stigmatization toward genuine acceptance of wounded individuals, reflecting the redemptive love of Christ. This article concludes that the church's response to divorce must balance biblical integrity with deep compassion, affirming both the sanctity of marriage and the dignity of broken individuals. Thus, the church can become a safe space for every congregation member to experience genuine restoration and rediscover hope in Christ.

Perceraian dalam masyarakat adat Batak Toba merupakan suatu fenomena hukum yang tidak dapat dilepaskan dari sistem kekerabatan dan nilai-nilai budaya yang hidup dalam masyarakat. Meskipun perceraian pada dasarnya dihindari, dalam praktiknya perceraian tetap dimungkinkan melalui mekanisme adat yang menitikberatkan pada musyawarah dan kesepakatan keluarga besar. Permasalahan muncul ketika perceraian yang dilakukan secara adat tersebut dihadapkan pada ketentuan hukum positif di Indonesia, khususnya Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan yang mensyaratkan perceraian harus dilakukan melalui putusan pengadilan. Penelitian ini bertujuan untuk menganalisis mekanisme perceraian menurut adat Batak Toba serta mengkaji keabsahannya ditinjau dari Undang-Undang Nomor 1 Tahun 1974. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan kasus, serta menggunakan data sekunder berupa bahan hukum primer, sekunder, dan tersier yang dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa mekanisme perceraian adat Batak Toba dilakukan melalui tahapan musyawarah keluarga dengan melibatkan unsur dalihan na tolu, dan memiliki kekuatan mengikat secara sosial dalam masyarakat adat. Namun, secara yuridis formal, perceraian tersebut tidak memiliki keabsahan hukum apabila tidak dilakukan melalui putusan pengadilan sebagaimana diatur dalam Undang-Undang Nomor 1 Tahun 1974. Oleh karena itu, perceraian adat hanya sah secara sosiologis, tetapi belum sah secara hukum negara. Diperlukan harmonisasi antara hukum adat dan hukum nasional agar tercipta kepastian hukum tanpa mengabaikan nilai-nilai kearifan lokal.

Divorce has become an increasingly common reality in Christian family life and poses serious challenges for the church in carrying out pastoral family ministry. Theologically, divorce stands in tension with Christian ethics, which views marriage as a sacred and covenantal institution established by God. This article aims to analyze Christian ethics regarding divorce from a biblical theological perspective and to examine its implications for family ministry within the context of Ketapang, West Kalimantan. This study employs a qualitative research method with a theological-normative and contextual approach through a literature review of biblical texts, theological books, and scholarly journals. The findings indicate that Scripture affirms marriage as God’s ideal will, while divorce is understood as a consequence of human sinfulness and relational brokenness. In the context of Ketapang, social, economic, and cultural factors contribute significantly to the vulnerability of families to divorce. Therefore, the church is called to develop a contextual family ministry that not only upholds Christian ethical norms but also embodies love, justice, forgiveness, and restoration for broken families. This article emphasizes that Christian ethics concerning divorce must be practiced pastorally and transformatively within the life of the local church.

Digital evolution in the pattern of social interaction of the community also has a significant influence on the dynamics of the national judicial system. The transformation covers all judicial sectors, both religious and public, especially related to the technique of presenting evidence in the litigation process. This research is carried out with normative legal methods and is descriptive analytical. The author utilizes secondary data obtained through library search, which is then processed with qualitative normative analysis techniques. The legitimacy of screenshots as evidence has been explicitly regulated in applicable regulations. Referring to the renewal of the ITE Law in Law Number 1 of 2024, Article 5 paragraph (1) affirms that electronic information and its printed results are recognized as valid evidence before the law. This study shows that normatively, screenshots have a strong legal position in the civil system. However, in the reality of the trial, this instrument is positioned as a free evidence (vrij bewijs), which means that the weight of the evidence is not absolute and depends on the judge's evaluation and conviction.

Divorce gives rise to various legal consequences relating to the status of the parties, marital property, and the rights and obligations toward children, thereby requiring a legal mechanism that ensures legal certainty, justice, and legal protection. In practice, the parties often express their intention to divorce in the form of a Pre-Divorce Agreement Deed drawn up before a notary. This study aims to analyze the legal standing and evidentiary strength of a Pre-Divorce Agreement Deed as evidence in divorce cases decided by default judgment (verstek). The research employs a normative juridical method with a statutory approach and a case approach, focusing on the Decision of the Ngawi Religious Court Number 425/Pdt.G/2023, through a literature review of primary and secondary legal materials. The findings indicate that a Pre-Divorce Agreement Deed executed in the form of a notarial deed constitutes an authentic deed with perfect evidentiary value as written evidence in divorce proceedings. Although it cannot directly result in the dissolution of marriage, the deed is relevant to prove the existence of an agreement between the parties and the condition of a marital relationship that has irretrievably broken down. In cases decided by default judgment, the deed becomes an important basis for judicial consideration in granting the divorce petition. The implications of this study emphasize that a Pre-Divorce Agreement Deed may be lawfully and proportionately used as evidence to support the proof of grounds for divorce and to realize legal certainty in judicial proceedings.

Divorce is the legal and religious termination of a husband-wife relationship. This severance of the relationship can have psychological consequences, making children more susceptible to depression. These psychological impacts include deep sadness, resulting in depression, feelings of loss, shame, anger, disappointment, denial, self-acceptance, and feelings of blame toward the parents. These psychological impacts are naturally the result of the support, emotional support, and presence of the parents before, during, and after the divorce. This study employed a qualitative research method with a phenomenological approach, conducted through semi-structured interviews. The aim is to raise awareness among readers that divorce not only impacts the husband and wife but also the psychological impact on children, which is often considered unimportant. However, the mental health of children after divorce is a crucial issue that requires attention. This is where the role of parents is crucial in shaping their character and psychological development. This study concludes that children who are victims of divorce tend to seek out activities outside the home, as the integrity of their home is no longer there. Children experience sadness and loss most acutely. Furthermore, children are more wary of future relationships due to a loss of trust in the meaning of romantic relationships. Low self-acceptance also makes it difficult for children to control their emotions.

Marriage is a basic human need that involves an official agreement between husband and wife, regulating rights and obligations, including the ownership and management of joint property. Under Indonesian law, property acquired during marriage is considered joint property, which often becomes a source of conflict during divorce. To prevent this, Indonesian law recognizes the existence of a marital separation of property agreement, which regulates the separation of assets between spouses from the beginning, whether before or during marriage. A separation of property agreement provides legal protection for personal assets, protects one party from being liable for the partner’s debts, and reduces the potential for disputes during divorce. Therefore, it is important for the public to receive socialization and legal education about the separation of property agreement in marriage to increase understanding of its benefits and protect the rights of married couples in both marriage and divorce. Legal education on this matter can help reduce disputes over joint property and offer better protection for couples who wish to clearly and legally manage their assets.

Divorce is a social phenomenon that is increasingly common and has various social, economic, and psychological impacts, especially for women as the most vulnerable party. Divorce not only results in changes in the legal status of husband and wife, but also affects the emotional condition and social well-being of women after the end of the marriage bond. From an Islamic legal perspective, the 'iddah period functions as a protection mechanism for women after divorce, which aims to maintain honor, ensure clarity of pregnancy conditions, and provide certainty of legal status. However, in practice there are conditions that resemble the 'iddah period without fully fulfilling the formal provisions of Islamic law, known as Syibhul 'Iddah, due to the unclear status of divorce or differences in legal interpretation. This concept has an important role in protecting women's rights, especially regarding livelihood, residence, and legal certainty after divorce. This study uses a library research method with a normative legal approach. Data were collected through a review of primary, secondary, and tertiary legal materials, including the Qur'an and Hadith, Islamic jurisprudence literature, laws and regulations such as the Compilation of Islamic Law, and relevant journals and scholarly works. Data analysis was conducted qualitatively using descriptive-analytical methods to examine the concept of Syibhul 'Iddah and its implications for the protection of women's rights after divorce.  

Divorce often creates new problems, one of which is related to child custody and visitation rights for parents who do not have custody. Prohibiting visitation by the custodial parent not only violates the rights of the non-custodial parent, but also disregards the child's right to receive affection from both parents. The purpose of this study is to examine the types of legal protection available to non-custodial parents who are prohibited from seeing their children. This study uses a normative legal research method with a statutory approach. Data collected from interviews with legal practitioners and parties who have experienced similar problems are included in this study. The results show that prohibiting parents who have custody from meeting their children is against the law and contrary to the principle of the best interests of the child. Parents who do not have custody rights can file a lawsuit to revoke custody rights, as stipulated in SEMA No. 1 January 2017. This study emphasizes the importance of the law in balancing the rights and obligations of parents after divorce for the best interests of the child.

This paper explores the involvement of International Civil Law in the implications of foreign divorce on land rights by paying attention to the principles contained in International Civil Law. In terms of writing, the author will analyze Decision No. 19/Pdt.G/2014/PN.Sgr. as a review of facts that will be analyzed in accordance with the scope of International Civil Law using relevant research methods. The author reviews that the research method used to compile this writing is juridical-normative based on the applicable laws and regulations and in accordance with what is the subject of discussion. In addition, this paper also pays attention to the theory of legal protection by Philipus M. Hadjon and the principles contained in International Civil Law as supporting aspects in the preparation of this analysis. To strengthen the argument, the author also compares several provisions related to the status of land ownership by foreign parties and the application of pre-marriage agreements as an alternative settlement. The final result of this writing will highlight the correctness of the judge's decision based on the author's analysis and provide suggestions that are considered relevant as solutions that can be offered.

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.

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

Divorce has become an increasingly prevalent moral and social phenomenon within modern society, including among Christian communities, with profound implications for family structures, spiritual life, and the church’s testimony in the world. This study analyzes divorce from the perspective of Christian ethics, grounded in a theological and moral reflection on Matthew 19:1–12 as the biblical foundation for understanding marriage and faithfulness. The findings reveal that divorce is not merely a legal or social concern but represents a spiritual crisis and a failure to uphold the sacred covenant established by God. Contributing factors such as infidelity, domestic violence, economic pressure, and weak faith formation erode the moral values of love and fidelity. Christian ethics emphasizes love, forgiveness, and moral responsibility as fundamental principles for healing and reconciliation within broken relationships. The church is called to exercise pastoral responsibility through guidance, counseling, and restoration, fostering ethical awareness and marital integrity among believers. Thus, applying Christian ethics to the issue of divorce is essential for nurturing spiritual maturity, strengthening family unity, and preserving the moral witness of the Christian community.  

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.

This study is based on the urgency of examining the inheritance rights of adopted children after their adoptive parents separate, examined from the perspective of Islamic law and positive regulations applicable in Indonesia. The main objective of this study is to analyze the legal status of adopted children and their inheritance rights after the adoptive parents' divorce based on both legal frameworks. The methodology used is a literature study by gathering information from various relevant references and regulations. The findings of this study indicate that under Islamic law, adopted children are not automatically entitled to inheritance, but can receive a gift, will, or mandatory will with a maximum limit of one-third of the adoptive parents' assets. Meanwhile, under Indonesian positive law, the inheritance rights of adopted children depend on the court's decision during the adoption process, and even though the adoptive parents have divorced, the inheritance rights remain recorded in accordance with the existing court decision. These findings reflect the need for legal certainty to protect the rights of adopted children and emphasize the importance of clear regulations to avoid inheritance conflicts after divorce. This study is expected to serve as a reference for policymakers and legal practitioners in addressing issues related to the inheritance rights of adopted children.

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.

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.

Persoalan mengenai pembagian harta bersama pasca-perceraian masih dianggap tabu di tengah masyarakat, khususnya bagi pasangan suami istri yang telah bercerai. Rendahnya pemahaman terhadap ketentuan hukum mengenai harta bersama sering kali menyebabkan sulitnya pelaksanaan putusan pengadilan, yang pada akhirnya menimbulkan konflik karena pembagian yang dianggap tidak adil atau tidak sesuai kesepakatan. Penelitian ini mengangkat tiga rumusan masalah: (1) bagaimana ketentuan hukum mengenai harta bersama dan harta bawaan setelah perceraian; (2) bagaimana pertimbangan hukum hakim dalam Putusan Nomor 3067/Pdt.G/2021/PA.Bbs; dan (3) apa akibat hukum dari putusan tersebut terhadap pembagian harta bersama. Penelitian ini menggunakan metode yuridis normatif dengan spesifikasi deskriptif analitis dengan mengkaji peraturan perundang-undangan, literatur hukum, dan putusan pengadilan terkait. Hasil penelitian menunjukkan bahwa pembagian harta bersama telah diatur dalam Undang-Undang Perkawinan, KUH Perdata, dan Kompilasi Hukum Islam. Pasal 35 Undang-Undang Perkawinan menyatakan bahwa harta yang diperoleh selama perkawinan merupakan harta bersama, kecuali ditentukan lain melalui perjanjian pranikah atau pascaperkawinan. Dalam Putusan Nomor 3067/Pdt.G/2021/PA.Bbs, hakim membagi harta bersama secara proporsional, masing-masing pihak memperoleh ½ bagian berdasarkan alat bukti dan fakta yang terungkap di persidangan. Putusan ini menimbulkan akibat hukum yang signifikan, terutama dalam menentukan hak kepemilikan atas harta bersama yang diperoleh selama masa perkawinan.

Penelitian ini membahas sengketa peralihan hak atas harta bersama tanpa persetujuan salah satu pihak dalam kasus perceraian, sebagaimana terjadi pada Putusan PA No. 1990/Pdt.G/2023/PA.Pml. Adapun rumusan masalah yang diangkat adalah: 1) bagaimana pengaturan hukum mengenai peralihan hak atas harta bersama dalam peraturan perundang-undangan Indonesia, 2) bagaimana pertimbangan hukum hakim dalam memutuskan sah atau tidaknya peralihan hak atas harta bersama tanpa persetujuan suami dalam kasus perceraian, dan 3) bagaimana implikasi hukum dari peralihan hak tanpa persetujuan suami dalam kasus tersebut. Penelitian ini menggunakan metode yuridis normatif, dengan pendekatan peraturan perundang-undangan dan studi kasus, khususnya Putusan Pengadilan Agama Pemalang Nomor 1990/Pdt.G/2023/PA.Pml. Data diperoleh dari sumber sekunder dan dianalisis secara deskriptif kualitatif. Hasil penelitian menunjukkan bahwa peralihan hak atas harta bersama diatur dalam Pasal 35 dan 36 UU No. 1 Tahun 1974 tentang Perkawinan, yang mensyaratkan persetujuan kedua belah pihak. Jika persetujuan tidak ada, pengalihan hak dianggap tidak sah dan dapat dibatalkan. Hal ini ditegaskan dalam Pasal 1320 KUHPerdata serta Pasal 97 Kompilasi Hukum Islam (KHI) yang mengatur hak atas harta bersama setelah perceraian. Dalam kasus ini, pengadilan membatalkan tindakan istri yang mengalihkan hak tanpa persetujuan suami, mengembalikan status harta sebagai milik bersama, dan mewajibkan pihak ketiga yang menerima harta untuk mengembalikannya atau memberikan kompensasi.