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All Journal Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam USRATY : Journal of Islamic Family Law
Vivi Ariyanti
Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
Religion Law, Crime, Criminology & Criminal Justice

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Assessing Criminal Protection of Marital Integrity in Indonesia: A Socio-Legal Analysis of Court Decisions Vivi Ariyanti; Bani Syarif Maula; Wardah Nuroniyah; Najhan Parluhutan Harahap
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11400

Abstract

This study aims to assess how Indonesian courts interpret and enforce criminal provisions concerning marriage-related offences and their role in protecting marital integrity and the rights of lawful spouses. Using a qualitative socio-legal approach, the study examines seven Indonesian district court decisions issued between 2021 and 2025. Data were collected through systematic document analysis and analyzed using qualitative content analysis and comparative case analysis, focusing on marital status, evidentiary basis, judicial reasoning, criminal liability, and sentencing. The results indicate that bigamy and unlawful remarriage constitute the dominant offences in the cases examined, while adultery involving married persons appears less frequently. A valid prior marriage consistently serves as the central basis for establishing criminal liability, with marriage certificates, registration records, and related administrative documents functioning as the principal evidence of marital status. Judicial reasoning demonstrates that criminal liability is shaped not only by the existence of a prior marriage but also by considerations of intent, deception, evidentiary circumstances, and the consequences of the offence for marital and family relationships. Variations in sentencing further reflect differences in the circumstances and impacts of individual cases. The study concludes that criminal law provides an important institutional mechanism for protecting marital integrity, legal certainty, and the rights of lawful spouses, but criminal sanctions alone cannot ensure comprehensive family protection. This study contributes a socio-legal perspective by demonstrating how judicial enforcement of marriage-related offences supports the legal protection of marriage and highlighting the need for an integrated framework combining criminal law, family law, marriage registration, and preventive mechanisms.
Legal Pluralism in Alcohol Regulation in Banyumas Regency: Interactions Between State Law, Islamic Norms, and Customary Practices Vivi Ariyanti; Bani Syarif Maula
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 7, No 2 (2026): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v7i2.31407

Abstract

Alcohol regulation in Indonesia is shaped by a plural legal system in which state law, Islamic norms, and customary traditions coexist and influence one another. In Banyumas Regency, this plurality becomes evident through formal legal instruments such as Regional Regulation Number 3 of 2022 and Regent Regulation Number 12 of 2023, which prohibit the distribution and sale of alcoholic beverages. At the same time, local traditions continue to persist in some rural communities as forms of cultural expression, particularly the production and consumption of ciu, a traditional alcoholic beverage made from fermented brown sugar and cassava. This study employs a normative-sociolegal method, combining doctrinal analysis of legal texts with contextual interpretation of Islamic legal principles and ethnographic insight into customary practices. The research explores how these overlapping normative systems interact, reinforce, or contradict each other in shaping public attitudes and law enforcement practices. The findings reveal that while formal law and Islamic ethics tend to align in prohibiting alcohol, customary norms may offer more nuanced justifications rooted in identity and solidarity. The paper concludes that effective alcohol regulation in plural settings requires culturally sensitive, participatory, and differentiated policy approaches that respect both moral values and local traditions.
Co-Authors Bani Syarif Maula Najhan Parluhutan Harahap Wardah Nuroniyah