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All Journal al-Afkar, Journal For Islamic Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Muhamad Kholid
Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Police Disregard of Public Complaints: A Juridical Review of Article 13 and Article 14 Paragraph (1) Letter g of Law No. 2 of 2002 from the Perspective of Islamic Criminal Law Ridwan Setiawan; Yayan Muhammad Royani; Muhamad Kholid
al-Afkar, Journal For Islamic Studies Vol. 9 No. 3 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i3.3502

Abstract

This study is motivated by the increasing number of public complaints regarding the neglect of reports by police officers, which has implications for obstructing access to justice, even though Law Number 2 of 2002 emphasizes the function of the Indonesian National Police as protectors, guardians, and public servants. This study aims to analyze the legal obligations of police officers in receiving and following up on public complaints based on Article 13 and Article 14 paragraph (1) letter g, the forms of legal accountability for the neglect of such complaints, and to examine them from the perspective of Islamic criminal law. The method used is normative juridical research with statutory, conceptual, and comparative approaches, based on library research of legislation, academic literature, and sources of Islamic law. The results show that, normatively, police officers have an imperative legal obligation to receive and follow up on public complaints; however, the mechanisms of administrative, ethical, and criminal accountability for neglecting these obligations remain weak in practice. From the perspective of Islamic criminal law, the neglect of complaints is viewed as a violation of trust (amanah), contrary to the principle of justice (‘adl), and constitutes a form of wrongdoing (zulm) that may be classified as a ta’zir offense subject to sanctions. This study contributes to strengthening the normative and ethical foundations for enforcing police obligations in handling public complaints.
Preventing Child Marriage in Indonesia: An Analysis of Government Policies, Institutional Challenges, and Strategic Efforts Muhamad Kholid; Abdulah Safe'i; Jaenudin Jaenudin; Agi Attaubah Hidayat; Endang Isak
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.11205

Abstract

This study critically examines the Indonesian central government’s policies, institutional challenges, and strategic interventions in mitigating child marriage—a pervasive issue with documented repercussions for health, education, gender equality, and national development. Employing an empirical juridical approach, the research integrates qualitative descriptive analysis with primary data from field observations and semi-structured interviews with officials at the Ministry of Women’s Empowerment and Child Protection (KP3A RI) and the Directorate General of Religious Courts (Ditjen Badilag). Secondary data derive from legislative reviews, judicial records, and scholarly literature. Thematic analysis contextualizes findings within Indonesia’s legal pluralism and decentralization framework. KP3A RI has made preventing child marriage one of its five main national programs. This effort is supported by six key initiatives, such as community-based (Integrated Child Protection by Communities/PATBM) and mobile protection services like MOLIN and TORLIN (Women and Children Protection Motor and Mobile Units). The Supreme Court’s Regulation (PERMA No. 5/2019) requires courts to focus on children’s best interests when deciding on marriage dispensation requests. However, this rule does not become a primary reference. In 2021, religious courts approved 95% of the 61,443 dispensation requests they received. There are also broader challenges. Many villages now have more control over their budgets. However, funds have often been used for economic recovery instead of child protection after the pandemic. There are also gaps in the rules about when dispensations can be granted. Several strategies are being used to address these issues. These include (1) Multi-sector coordination through the Joint Movement for Child Marriage Prevention (Geber PPPA) movement; (2) Training and community programs like Children’s Forums and family learning (Puspaga) centers; and (3) new draft regulations to tighten dispensation procedures. Although Indonesia has a strong and united policy approach, results are limited by uneven local implementation and courts being too lenient. For lasting progress, the country needs (1) better and shared data systems, (2) stronger financial accountability at the village level, and (3) judicial training to focus on child protection rather than social or cultural pressures. The study highlights the need for strong, coordinated leadership to overcome local differences and ensure national child marriage prevention standards are fully applied at the community level.
Co-Authors Abdulah Safe'i Agi Attaubah Hidayat Endang Isak Jaenudin Jaenudin Ridwan Setiawan Yayan Muhammad Royani