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All Journal Biodidaktika : Jurnal Biologi dan Pembelajarannya Al Ahkam Tazkiyya: Jurnal Keislaman, Kemasyarakatan dan Kebudayaan Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah Jurnal Begawan Hukum Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Deposisi: Jurnal Publikasi Ilmu Hukum
Humaeroh Humaeroh
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Religion Arts Humanities Biochemistry, Genetics & Molecular Biology Economics, Econometrics & Finance Education Immunology & microbiology Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Sejarah Hukum Perkawinan Sebelum dan Sesudah Lahirnya Undang-Undang Perkawinan Muhamad Farid Alfurqon; Zahwa Amalia Fitri; Edi Mufrodi; Mohammad Rafi Padillah; Humaeroh Humaeroh
Jurnal Begawan Hukum (JBH) Vol. 4 No. 1 (2026): April:Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v4i1.163

Abstract

This research is motivated by the existence of legal pluralism in marriage regulations in Indonesia before the enactment of Law Number 1 of 1974 concerning Marriage. During that period, marriage provisions were influenced by various legal systems, namely customary law, Islamic law, and colonial laws such as the Burgerlijk Wetboek, whose application was based on population classification. This condition gave rise to various problems, including legal uncertainty, differing standards for marriage validity, and weak protection of the rights of women and children. Based on these problems, this study aims to examine the development of marriage law in Indonesia, both before and after the enactment of the Marriage Law, and to assess the extent to which these regulations have been able to achieve legal unification and certainty within the national legal system. The method used is qualitative-normative research with a literature study approach through analysis of relevant laws and regulations, historical documents, and scientific literature. The results indicate that before 1974, the marriage legal system was complex and unintegrated, necessitating a comprehensive codification. The process of drafting this law was lengthy and marked by ideological debate and religious considerations. However, an agreement was ultimately reached that accommodated both religious values ​​and state interests. Subsequent developments, including amendments through Law Number 16 of 2019, confirm that marriage law in Indonesia is dynamic in responding to demands for justice, human rights, and gender equality.
Dampak Poligami terhadap Perempuan dan Anak dalam Keluarga Dzakiyatul Qowiy Bathin; Rizky Hilmansyah; Muhamad Hapipi Roif; Humaeroh Humaeroh
Jurnal Begawan Hukum (JBH) Vol. 4 No. 1 (2026): April:Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v4i1.164

Abstract

Polygamy remains a controversial issue in Indonesia, involving legal, religious, and social dimensions. This study aims to analyze the social, psychological, and economic impacts of polygamy on wives and children. Using a qualitative library research approach, the study examines primary sources, including Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, as well as relevant scientific literature and journal articles. The findings indicate that although Indonesian law permits polygamy under strict conditions, such as the wife's consent and the husband's ability to act fairly, these requirements are often difficult to fulfill in practice. Psychologically, wives frequently experience jealousy, emotional stress, depression, and feelings of injustice. Economically, polygamy may lead to the division of family resources, reducing the welfare of wives and children. Children may also experience emotional difficulties due to limited parental attention, conflicts among siblings, and social stigma. These impacts can affect family harmony and child development. Therefore, stronger legal supervision and public education are needed to ensure the protection of women's and children's rights and to minimize the negative consequences of irresponsible polygamous practices.
Usia Nikah dalam Perkawinan Maotsiqon Azzam Ghiyatsulhaq; Putri Andini; Hafiz Gilman Abdul Aziz; Humaeroh Humaeroh
Jurnal Begawan Hukum (JBH) Vol. 4 No. 1 (2026): April:Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v4i1.165

Abstract

Many marriages occur when a person is not old enough. Therefore, under Islamic law and Indonesian law the restriction of marriage age is a ijtihad stipulation. In this study we will discuss the boundaries of marriage age in a perspective on Islamic law and law in Indonesia. This type of study is literature research. From this study, the restriction on the marriage age of men and women is equivalent to 19 years old. To define marriage age, methodologs are based on mashlahah methods, thus not contradicting Nash and there is no specific Nash to be referenced for qiyas. The concept of mashlahah muris used to address the question of inclarity of marriage age. Maslahah murexplains that taking on a certain locality may be held asa metaphor for bataa marriage, although there is no detailed explanation in the Nash qur 'an. The so called conformity that is intended is an age limit for marriage established in Islamic law.
Hukum Perkawinan dalam Masyarakat Hukum Adat Indonesia Ridho Oktavian; Dzulkifli Hanafi; Maulana Ramdani; Faturohman Faturohman; Humaeroh Humaeroh
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 4 No. 3 (2026): Juli: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v4i3.6269

Abstract

Marriage in Indonesian customary law communities is a social institution that not only binds individuals but also involves families and the wider community, encompassing legal, cultural, and spiritual dimensions. Within this diversity, issues arise regarding the alignment between customary law and national law. The major research problem concerns the forms, requirements, and procedures of marriage in customary law communities, while the minor problem focuses on the dynamics between customary law and national law in terms of validation and legal protection. This study is situated within the general context of customary law communities in Indonesia. The objective is to comprehensively examine customary marriage law and its implications for the national legal system. The research applies statutory and conceptual approaches within a normative legal research framework, using a descriptive-analytical method supported by library research and qualitative analysis. The findings indicate that customary marriage law is diverse, including forms such as bridewealth marriage, semenda, independent marriage, and elopement, all influenced by kinship systems. Furthermore, there is a dualism between customary recognition and state legality, making marriage registration essential to ensure legal certainty.
Pandangan Akademisi Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten terhadap Praktik Poligami di Indonesia Isma Amalia Sayyidah; Neli Amaliah; Hijjul Muhtarom; Humaeroh Humaeroh
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 4 No. 2 (2026): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v4i2.6270

Abstract

The practice of polygamy in Indonesia shows complex dynamics between normative provisions in Islamic teachings, national legal regulations, and social realities that develop in society. This research aims to answer the problem formulation regarding the views of Sharia Faculty academics regarding the meaning, objectives and impact of the practice of polygamy in Indonesia. The method used is empirical research (field research) with a qualitative approach through in-depth (semi-structured) interviews with Sharia Faculty lecturers who have competence in the field of Islamic family law, and is supported by secondary data in the form of statutory regulations and scientific literature. The research results show that polygamy is understood as a practice that is permitted under certain conditions with the main requirement of justice, and is placed as an exception to the principle of monogamy which is the basic principle in marriage law in Indonesia. The aim of polygamy is directed at beneficial aspects, such as maintaining morality, providing protection to vulnerable parties, and being a solution in certain situations. However, in practice polygamy tends to have various impacts, especially psychological, social and economic on wives and children. Therefore, the implementation of polygamy requires careful consideration and fulfillment of strict conditions so as not to cause injustice in family life.
Co-Authors Anis Fauzi Dzakiyatul Qowiy Bathin Dzulkifli Hanafi Edi Mufrodi Faturohman Faturohman Hafiz Gilman Abdul Aziz Hasna Zahra Wahyuni Hijjul Muhtarom Husnaini Amiroh Isma Amalia Sayyidah Maotsiqon Azzam Ghiyatsulhaq Masduki Masduki Masduki Masduki Maulana Ramdani Mohammad Rafi Padillah Muhamad Farid Alfurqon Muhamad Hapipi Roif Neli Amaliah Nita Anggraeni Putri Andini Rafli Ramdan Ridho Oktavian Rizky Hilmansyah Wirda Tuljannah Zahwa Amalia Fitri