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All Journal Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Ramdhani, Riyan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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BATASAN WAKTU PERKAWINAN DALAM PERKARA ISBAT NIKAH PADA SIDANG KELILING DI PENGADILAN AGAMA CIANJUR Muwahid, Fahmi; Ramdhani, Riyan
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 1 No. 1 (2020): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v1i1.7800

Abstract

Isbat nikah is one of the products of the Religious Court in the form of the determination of the marriage of a husband and wife that has been carried out in accordance with Islamic provisions. However, in the Cianjur Religious Court there are special rules regarding circuit courts in marital isbat cases, namely the year of marriage for the maximum marriage isbat in 2010, above 2010 must be registered at the Cianjur Religious Court office. This study departs from a rule that has been enacted but there are no additional rules regarding the time limit of marriage in marriage isbat cases in a circuit court. As stated in Perma No 1 of 2015 which only regulates the mechanism of the implementation of an integrated isbat trial. While the rule of law remains based on existing rules. It is stated in Article 11 paragraph (9) which states: The hearing in the Integrated Service is conducted in accordance with the procedural law and the applicable provisions. By using the descriptive analysis method, the research is first, the background of the marital time limit in marriage isbat cases which are settled in a circuit court in the Cianjur Religious Court. Second, the process of conducting a trial around isbat nikah with a time limit in the Cianjur Religious Court is no different from the process of conducting a trial around a isbat nikah case. The three rules made by the chairman of the Religious Court do not contradict the rules that already exist in the Compilation of Islamic Law (KHI) or in the request No. 1 of 2015 concerning Integrated Service Mechanisms.
Perlindungan Hak Anak Pasca Perceraian melalui Kewenangan Ex Officio Hakim dalam Perspektif Best Interest of the Child Aisyi, Rahazatul; Ramdhani, Riyan; Hadi, Ahmad Maulana
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i2.11943

Abstract

Children are the most vulnerable because they do not have the power to determine their own future. Legal protection for children is crucial within the legal framework of a country that plays an important role in guaranteeing children's rights and welfare, especially children who are victims of divorce. Article 41 letter (b) of Law No. 1 of 1974 concerning Marriage and Article 105 letter (c) of the Compilation of Islamic Law stipulate that in the event of divorce, all costs of child maintenance and education are the responsibility of the father. If the petition for divorce does not include a claim for child support, the judge may determine it ex officio based on the instructions of Supreme Court Circular Letter (SEMA) No. 4 of 2016. However, in religious court practice, this regulation has not been consistently applied by judges in divorce cases where children are victims. This study aims to analyze legal protection for children after divorce from the perspective of the best interests of the child in the practice of Religious Courts in Indonesia. The methodology used is juridical-normative through a review of Islamic legal doctrine, legislation, and other positive laws, which will be studied systematically to provide answers to the issues under investigation. The findings indicate that ex officio authority is an essential instrument for fulfilling children’s rights, particularly child support, even when not explicitly requested in the petition. However, the use of this authority must remain proportional to prevent decisions that exceed the scope of the claims. The study shows that judges possess legitimate discretion to safeguard children’s rights, but more detailed guidelines and an enhanced understanding of the best interests of the child principle are needed to ensure consistent application of ex officio authority. In conclusion, optimizing child rights protection after divorce can be achieved when ex officio authority is applied appropriately, proportionally, and with a strong commitment to the child’s best interests.
Co-Authors Aisyi, Rahazatul Hadi, Ahmad Maulana Muwahid, Fahmi