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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.  

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.

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.  

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.

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.

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.

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

Mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) often give rise to legal issues, particularly in divorce cases involving the division of marital property. A key challenge arises from the restriction on land ownership for foreign nationals under the Basic Agrarian Law. This study examines Decision Number 146/Pdt.G/2021/PA.Dps, in which an Indonesian wife was accused of extortion against her foreign husband in the context of a mixed marriage divorce. Using a normative juridical method and a descriptive-analytical approach, the study finds that the wife’s act of withholding her husband’s documents does not constitute extortion, but rather a form of self-protection due to the husband's failure to provide financial support. The findings emphasize that the division of marital assets in mixed marriages must consider the provisions of the Marriage Law, the Compilation of Islamic Law for Muslim couples, and the Basic Agrarian Law, especially regarding land ownership by foreign nationals. Therefore, resolving property disputes in mixed marriages requires a careful legal approach to ensure compliance with applicable laws.  

this journal is written to examine divorce cases which are complex social problems and often have psychological and economic impacts on families. In Indonesia, the Religious Court (PA) plays an important role in resolving divorce disputes. Over time (MA RI) has sought to improve the efficiency and transparency of judicial services through the implementation of a system that regulates the application of this electronic system in various cases, including divorce cases. This study is important to evaluate the extent to which the implementation of e-Court in resolving divorce cases in PA is in accordance with the PERMA, identify the obstacles faced, and provide recommendations for improving and optimizing the system. It is hoped that this study can contribute to improving services in the courts in handling divorce cases and supporting the realization of simple, fast, and low-cost access to justice.    

This study is entitled "The Role of Parboru and Hula-Hula in the Settlement of Divorce Disputes in Batak Toba Customs". The main focus of this study is to analyze the role and position of Parboru (the woman's family) and Hula-Hula (the wife's family) in the divorce settlement process according to Batak Toba customs. This study also presents the dynamics of the interaction of the two elements in customary mediation, as well as how customary values ​​and norms are implemented to maintain the harmony and dignity of the extended family. The method used in this study is a qualitative method with a descriptive approach. Data obtained through interviews and library studies of relevant literature on Batak Toba customary law, Dalihan Na Tolu, and the role of Parboru and Hula-Hula in traditional ceremonies and the resolution of marital conflicts in Batak Toba customs. The results of the study indicate that Hula-Hula has a central position as a decision maker and mediator, while Parboru plays a role as a technical implementer, mediator, and balancer in the customary deliberation forum. The active involvement of both parties is very important to ensure that the divorce process runs according to customary norms and maintains the social harmony of the Batak Toba community. This study is expected to enrich the literature on Batak customary law and become a reference for students, the community, and customary leaders in understanding the importance of the role of kinship in resolving divorce.

This study analyzes factors that influence this understanding and perception, such as education level, family environment, media influence, personal experience, and involvement in daily customary life. Data collection techniques are carried out through observation, interviews, and documentation in order to gain a deeper understanding of the young generation of Toba Batak towards customary divorce law. The purpose of this study is to determine the extent of the understanding of the young generation towards the customary divorce process, the role of the family, and the factors that influence their views. This study discusses the perception and understanding of the young generation of Toba Batak towards customary divorce law amidst the influence of modernization. Through the understanding and perception of the young generation towards customary divorce law, this study attempts to provide an overview of the relevance of the young generation of Toba Batak towards customary divorce law. The results of the study show that although most still respect customs and the value of family deliberation, there are doubts about customary justice, especially regarding the position of women. The young generation tends to support the preservation of customs, but hopes for adjustments to be fairer and in accordance with the times. The results of the study are expected to be input for traditional leaders and the government in designing targeted cultural preservation policies.

The absence of a father figure (fatherlessness) can have significant impacts on an individual's psychological and social well-being, particularly among university students who are navigating the critical phase of identity formation. This study aims to explore the meaning of father loss in students by comparing experiences of losing a father due to divorce and death. Using a qualitative phenomenological approach, six participants who had experienced fatherlessness were interviewed in depth. The results show that the loss of a father due to death is generally perceived as a permanent and irreplaceable loss, evoking deep sadness. In contrast, father loss due to divorce is often associated with emotional conflict, feelings of abandonment, and unresolved grief (ambiguous loss). The psychological impacts include emotional disturbances, social difficulties, and low self-confidence. Students employed various coping strategies such as seeking social support and engaging in academic or productive activities. In conclusion, the study highlights that the meaning of father loss varies depending on its cause, but both types have significant negative effects on students' psychological well-being. Therefore, strong emotional and social support is essential to help fatherless students adapt and build resilience in facing such loss.

This study examines the practice of marital property division at the Sibolga Religious Court due to divorce caused by the husband's religious conversion. The phenomenon of divorce due to religious differences, especially religious conversion from Islam, creates legal complexities, particularly in determining rights and obligations related to marital property. This study employs a qualitative approach with an empirical legal research type, located at the Sibolga Religious Court. Data was obtained through in-depth interviews with judges, court clerks, and parties involved in the cases, as well as document studies of court decisions. The results indicate that the Sibolga Religious Court has absolute authority in handling divorce cases due to the husband's religious conversion and the division of marital property within them. Despite the religious conversion, the principles of Islamic marital property law (syirkah) remain the primary basis, considering the contribution of each party. Challenges include the complexity of proving contributions, often emotional negotiations between parties, and judges' efforts to achieve substantive justice. The implications of the decisions not only involve legal aspects but also social and psychological ones for the families. This study recommends the need for broader legal socialization regarding rights and obligations in interfaith marriages and increased public understanding of marital property dispute resolution procedures.

Parental divorce causes the child to lose the love and affection of his parents and hinders them in their psychological development. This study describes and analyzes the psychological struggles experienced by three children who lost their father's role after divorce. All three experience similar inner conflicts: feelings of loss, neglect, and emotional division, as well as confusion in choosing to live with their father or mother. This study uses a qualitative case study approach and uses participatory observation and in-depth interviews for data collection. The results showed that children experienced conflicts about loyalty, emotional stress, and difficulty in reshaping their self-identity in a changing family environment. Children's mental and social instability is exacerbated by the loss of the father figure both physically and emotionally. The study emphasizes how important it is for parents to remain actively involved with their child even after they have divorced to maintain their emotional stability and provide ongoing psychological support. These findings are expected to be a reference for education practitioners, counselors, and parents in dealing with the psychological impact of divorce on children.

Penelitian ini berjudul "Analisis Kekerasan dalam Rumah Tangga sebagai Alasan Yuridis Cerai Gugat (Studi Kasus di Pengadilan Agama Kwandang)". Tujuan penelitian adalah menganalisis implementasi ketentuan hukum terkait kekerasan dalam rumah tangga (KDRT) sebagai dasar cerai gugat, serta mempertimbangkan faktor-faktor penyebab perceraian yang menjadi alasan yuridis di Pengadilan Agama Kwandang. Metode yang digunakan adalah yuridis empiris (socio-legal research), yaitu dengan menelaah peraturan perundang-undangan dan penerapannya di masyarakat melalui studi putusan pengadilan dan wawancara dengan hakim. Hasil penelitian menunjukkan bahwa KDRT merupakan alasan sah untuk cerai gugat dan memiliki dasar hukum yang kuat. Ketentuan perundang-undangan secara komprehensif telah mengatur KDRT sebagai alasan gugatan cerai. Penelitian ini merekomendasikan harmonisasi regulasi antara UU Perkawinan, PP No. 9 Tahun 1975, UU PKDRT, dan KHI guna memberikan kepastian hukum yang lebih jelas. Selain itu, diperlukan layanan pendampingan psikologis dan hukum bagi korban KDRT serta prosedur khusus yang lebih cepat dan sederhana dalam menangani perkara cerai karena KDRT agar perlindungan terhadap korban menjadi lebih efektif.