Diyan Isnaeni
Program Pascasarjana, Magister Hukum, Universitas Islam Malang

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

The Judge's Ex Officio Authority in Fulfilling Wife and Child Support Rights After Divorce in the Religious Court: Kewenangan Ex Officio Hakim dalam Pemenuhan Hak Nafkah Istri dan Anak Pasca Perceraian di Pengadilan Agama Dian Maulidah; Moh. Muhibbin; Diyan Isnaeni
Academia Open Vol. 12 No. 1 (2027): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.12.2027.15070

Abstract

General Background Divorce generates continuing economic obligations toward former wives and children, making postdivorce maintenance a central concern in religious court proceedings. Specific Background Indonesian judges may exercise ex officio authority to determine maintenance even when it is not expressly requested, provided legal requirements and trial facts support such intervention. Knowledge Gap Previous studies have predominantly emphasized normative foundations and judicial authority, while empirical evidence concerning courtroom application, maintenance determination, implementation constraints, and the roles of judicial actors remains limited. Aims This empirical legal study examines the implementation of ex officio judicial authority in fulfilling postdivorce maintenance rights at the Malang Regency Religious Court and identifies factors shaping its application through a socio-legal approach, interviews, documentation, and legal literature. Results Ex officio authority functions as a legal protection mechanism based on trial facts, the husband’s economic capacity, the needs of former wives and children, proportionality, and child welfare. Its implementation is shaped by legal awareness, evidence of economic capacity, mediation, and judgment enforcement. Novelty The study proposes an integrated strengthening model comprising normative foundations, evidentiary reinforcement, procedural reinforcement, and judgment enforcement. Implications Religious courts should strengthen fact-finding capacity, legal aid services, mediation, and interinstitutional coordination to support the actual realization of maintenance entitlements after divorce. Highlights: Four implementation determinants emerged: legal awareness, proof of husbands’ economic capacity, mediation, and judgment enforcement. Awards depend on courtroom facts, financial ability, claimant needs, proportionality, and child welfare considerations. The proposed model integrates normative grounding, evidentiary quality, procedural coordination, and execution of decisions. Keywords: Ex Officio Judge, Maintenance Rights, Divorce.
Reconceptualizing Consumer Legal Protection and the Status of P2P Lending Fintech Operators in Indonesia: Rekonseptualisasi Perlindungan Hukum Konsumen dan Kedudukan Penyelenggara Fintech P2p Lending di Indonesia Gatot Siswa Adiyatna; Diyan Isnaeni; Moh. Muhibbin
Indonesian Journal of Innovation Studies Vol. 27 No. 4 (2026): October
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v27i4.2330

Abstract

General Background: The rapid expansion of peer-to-peer lending in Indonesia has generated complex regulatory challenges involving platform responsibility, contractual relationships, borrower safeguards, and lender risk allocation. Specific Background: Licensed platforms operate as digital intermediaries within tripartite relationships, while abusive debt collection, illegal operators, information asymmetry, and credit-default allocation create significant concerns for platform users. Knowledge Gap: Existing regulation leaves uncertainty regarding responsibility for lender losses, particularly when default arises from deficient credit scoring, fraud, or platform misconduct. Aims: This study examines the juridical position and responsibilities of licensed and unlicensed P2P lending operators and formulates a prescriptive framework for borrower and lender protection through normative legal research using statutory and conceptual approaches. Results: Licensed operators qualify as Other Financial Services Institutions and platform providers, maintain a mandate relationship with lenders, and bear vicarious liability for unlawful debt-collection practices. Unlicensed operators constitute financial-sector offenders whose agreements are void ab initio and unenforceable under the Ex Turpi Causa doctrine. Safeguards comprise preventive mechanisms, including CAMIL restrictions, SupTech, interest-rate limits, and Escrow and Virtual Accounts, alongside LAPS SJK, OJK sanctions, civil remedies, and integrated criminal enforcement. Novelty: The study proposes a mandatory Protection Fund to address lender exposure to default associated with platform fraud or negligence. Implications: This framework clarifies platform accountability while providing a regulatory basis for more balanced safeguards for borrowers and lenders. Highlight: Licensed platforms function solely as digital intermediaries within tripartite contractual relationships. Unlicensed operators’ agreements are void ab initio and unenforceable under the Ex Turpi Causa doctrine. A mandatory fund is proposed to address lender default-risk allocation gaps. Keywords: Consumer Protection, P2P Lending, Platform Provider, Vicarious Liability, Protection