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All Journal Literatus Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Ilmiah Multidisiplin Ilmu Jurnal Riset Multidisiplin Edukasi
Fitria Agustin
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PERLINDUNGAN HUKUM TERHADAP ANAK  DALAM SENGKETA PERKAWINAN DAN PERCERAIAN: ANALISIS YURIDIS DALAM SISTEM HUKUM INDONESIA Dafa Ferdiansyah; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 5 (2026): Jurnal Riset Multidisiplin Edukasi (Mei 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i5.1861

Abstract

This study aims to conduct a juridical analysis of the legal protection of children in marriage and divorce disputes within the Indonesian legal system. Children are considered vulnerable parties in domestic conflicts and are often the most affected, particularly in matters related to custody, financial support, education, and the fulfillment of fundamental rights. Although Indonesian positive law has provided regulations concerning child protection after divorce through various statutory provisions, its implementation in practice still faces significant challenges, especially regarding the enforcement of court decisions and the level of compliance by disputing parties. This research employs a normative juridical method with statutory and conceptual approaches. The legal materials used consist of primary legal sources, including laws and regulations on marriage and child protection, as well as secondary legal materials such as legal literature, scholarly journals, and academic doctrines. The analysis is conducted qualitatively to examine the alignment between legal norms and their practical implementation in society. The findings indicate that although there are relatively comprehensive regulations governing child protection in divorce disputes, a gap still exists between legal norms and their implementation. The main issues lie in weak law enforcement, inadequate supervision of court decisions, and low legal awareness among the parties involved. Therefore, it is necessary to strengthen and integrate legal protection mechanisms more effectively to ensure the realization of the principle of the best interest of the child in every marriage and divorce dispute process in Indonesia.
PEMBAHARUAN REGULASI PERKAWINAN ISLAM  : ANALISIS POLITIK HUKUM DI INDONESIA Army Putra Yudha; Fitria Agustin
Jurnal Ilmiah Multidisiplin Ilmu Vol. 3 No. 2 (2026): April : Jurnal Ilmiah Multidisiplin Ilmu (JIMI)
Publisher : CV. Denasya Smart Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69714/q52dbt21

Abstract

This research provides a more in-depth explanation of the idea of reforming Islamic marriage law in the country. In general, the institution of marriage functions based on relationships among family members. These relationships may stem from kinship or be formed through the marriage itself. The importance of family relationships is closely linked to legal implications concerning children, parents, inheritance rights, custody, and guardianship. The aim of reforming Islamic marriage law implemented in this country is to adopt a modern approach in the field of marriage law. The primary sources of marriage law can essentially be derived through the method of istinbath (legal reasoning). Legal derivation may also employ the approaches of bayani (textual interpretation), ta’lili (causal reasoning), and istislahi (consideration of public interest). However, society understands marriage law through two types of sources: unwritten and written. Written legal sources include regulations derived from various laws and agreements. Meanwhile, unwritten legal sources develop and evolve within the context of social life in the community.
HAK WARIS ANAK ANGKAT DALAM SISTEM HUKUM INDONESIA Adietya Zahrandika Nursetyo; Fitria Agustin
Jurnal Ilmiah Multidisiplin Ilmu Vol. 3 No. 2 (2026): April : Jurnal Ilmiah Multidisiplin Ilmu (JIMI)
Publisher : CV. Denasya Smart Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69714/qtxx3c95

Abstract

The purpose of this study is to examine the legal status of adopted children in the Indonesian inheritance law system and to analyze the various forms of legal protection available for their inheritance rights in the management of inherited assets. The method used is a normative legal approach with a qualitative study through literature analysis, including relevant laws, books, and scientific articles. The results indicate that the legal position of adopted children in the distribution of inheritance in Indonesia is inconsistent, due to the diversity of laws encompassing civil law, Islamic law, and customary law. In the context of civil law, adopted children receive a share through a gift or will; in Islamic law, they are entitled to a mandatory will; while in customary law, adopted children can be treated equally with biological children, depending on the prevailing kinship system in the local community. Legal protection for adopted children's inheritance rights has been regulated in various ways, but in practice, challenges remain, such as low public awareness of inheritance planning and differences in the application of the law. Therefore, it is important to improve legal certainty and public awareness to improve the protection of adopted children in the inheritance context in Indonesia.
Co-Authors Adietya Zahrandika Nursetyo Army Putra Yudha Azka Amatillah Bobby Trisna Darmawan Dafa Ferdiansyah Damayanti Deviani Theresia Br Barus Endra Budiantono Hamlatul Arsy Mulya Inarotul Fikria Jauharoh Mahfudoh Muhammad Fajri Atqiya Najwa Aulia Nabila Pradipta Mulya Pratama Putri Purwita Queencyla Rifani Putri Raden Naila Nadira Mahali Soerianegara Rokilah Rokilah Sulasno Sulasno Vira Ade Jelita Wahyuddin