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CONTINUOUS DISPUTES AND FIGHTS ARE THE MOST POPULAR REASONS FOR DIVORCE Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3950

Abstract

Marriage is a spiritual and physical bond between a man and a woman to form a family that is peaceful, loving, and merciful. However, not all marriages are harmonious and lasting. Data from the Religious Courts shows that the most common reason for divorce in Indonesia is persistent disputes and quarrels. This study aims to analyze the legal provisions related to these reasons, as stipulated in Article 116 letter (f) of the Compilation of Islamic Law and Article 19 letter (f) of Government Regulation No. 9 of 1975, as well as the implementation and development of their formulation through SEMA Number 3 of 2023. In practice, judges have the freedom to assess whether a household conflict has met the requirements of "continuous" and "no hope of reconciliation" to be the basis for a divorce decision. This study shows that economic factors, poor communication, and the presence of a third party contribute to these dominant reasons for divorce. Therefore, strengthening regulations and understanding judges is important to maintain a sense of justice for the parties.
Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office) Thesa Tamara Sanyoto; Abdul Rachmad Budiono; Fachrizal Afandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December In progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.337

Abstract

This study aims to analyze the regulatory framework and implementation of restitution enforcement for child victims of criminal acts, with specific emphasis on the authority of Public Prosecutors at the Grobogan District Prosecutor’s Office. Restitution is a fundamental right granted to victims under the Child Protection Law and Law Number 12 of 2022 concerning Sexual Violence Crimes, designed to restore the material and immaterial losses suffered by children due to criminal acts. The law establishes the perpetrator’s responsibility to provide restitution and allows substitute imprisonment when the payment obligation is not fulfilled. This research applies a socio-legal methodology by integrating normative legal analysis with empirical examination of how restitution is implemented in practice. Such an approach allows the researcher to assess the compatibility between legal norms and their actual enforcement in safeguarding child victims’ rights. The findings reveal persistent challenges in restitution execution, including complicated procedures for filing applications with the Witness and Victim Protection Agency (LPSK), strict evidentiary requirements, limited victim awareness, and the absence of detailed technical guidelines for asset seizure to guarantee payment. When perpetrators fail to compensate, state-funded compensation is necessary to uphold victim protection. Therefore, strengthening restorative justice principles, enhancing coordination among law enforcement institutions, and ensuring clearer execution mechanisms are essential to guarantee legal certainty and fulfillment of restitution rights within Indonesia’s criminal justice system.