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All Journal Literatus Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Ilmiah Multidisiplin Ilmu Jurnal Riset Multidisiplin Edukasi Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah
Fitria Agustin
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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DAMPAK PERKAWINAN SIRI TERHADAP HAK WARIS ISTRI DAN ANAK Deviani Theresia Br Barus; 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/s0xf7d31

Abstract

Siri marriage is a type of marriage performed in accordance with religious law but not officially registered by the government. This can give rise to legal issues, particularly regarding inheritance rights for the wife and children. This study aims to examine the legal position of wives and children from siri marriages in obtaining inheritance rights, both under Islamic law and Indonesian law. It also investigates the impact of the lack of marriage registration on proving inheritance rights. The methodology used is normative legal research, with a regulatory and conceptual approach through a literature review. The results of this study indicate that under Islamic law, wives and children in siri marriages still have the right to inheritance, but their position under positive law is weakened by the lack of administrative evidence such as a marriage certificate. Therefore, they need to undergo additional legal processes such as marriage confirmation and proof of civil relationship before they can obtain inheritance rights. Therefore, marriage registration is crucial to provide initial legal protection to ensure legal certainty and avoid future inheritance disputes.
FENOMENA PERNIKAHAN DINI DI KOTA SERANG DAN IMPLIKASINYA TERHADAP HUKUM PERKAWINAN DI INDONESIA Queencyla Rifani Putri; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1827

Abstract

This study aims to analyze the phenomenon of early marriage in Serang City and its implications for marriage law in Indonesia. This issue is significant because early marriage not only affects social and economic aspects but also creates complex legal consequences, particularly regarding the validity of marriage, the legal status of families, and the effectiveness of existing regulations. This research employs a normative juridical method with statutory and conceptual approaches, supported by relevant literature studies. The findings indicate that early marriage in Serang City is influenced by various factors, including economic conditions, low levels of education, and strong socio-cultural norms. The impacts include increased school dropout rates, the perpetuation of intergenerational poverty, and a decline in the quality of human resources. From a legal perspective, although regulations regarding the minimum age of marriage have been established, the practice of marriage dispensation demonstrates a gap between legal norms and social reality. Furthermore, early marriage has implications for family legal status, including the position of children and other civil rights. Therefore, comprehensive efforts are required through strengthening regulations, increasing public awareness, and empowering education and the economy to reduce early marriage rates and improve the effectiveness of marriage law in Indonesia.
PERLINDUNGAN HUKUM DALAM PERKAWINAN DAN HAK WARIS DI KOTA SERANG Inarotul Fikria; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1828

Abstract

This study aims to analyze legal protection in marriage and inheritance rights in Serang City, focusing on the impact of marriage legality on the legal certainty of heirs. This research employs a normative juridical method with statutory and conceptual approaches, supported by secondary data in the form of legal literature, academic journals, and previous research findings. The results indicate that although there is a strong legal foundation through the Marriage Law and the Compilation of Islamic Law, in practice there are still various problems, such as unregistered marriages (sirri marriages), low public legal awareness, and the pluralism of inheritance law systems, including Islamic law, customary law, and civil law. These conditions often lead to inheritance disputes and legal uncertainty, particularly affecting women and children as vulnerable parties. In addition, the role of Religious Courts is crucial in resolving inheritance disputes through mediation processes and fair judicial decisions, although challenges remain in terms of legal proof and differing interpretations of the law. Therefore, it is necessary to improve public legal awareness, optimize marriage registration, and strengthen the role of judicial institutions to achieve effective and equitable legal protection.
DISPENSASI KAWIN OLEH PENGADILAN AGAMA DALAM PERSPEKTIF PERLINDUNGAN ANAK DI INDONESIA: ANALISIS KETEGANGAN ANTARA KEPASTIAN HUKUM, HUKUM PROGRESIF, DAN REALITAS SOSIAL Raden Naila Nadira Mahali Soerianegara; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1829

Abstract

Marriage in the Indonesian legal system has juridical, religious, and social dimensions. The amendment of the minimum age of marriage under Law Number 16 of 2019, which sets the minimum age at 19 years, reflects a stronger orientation toward child protection. However, the existence of the marriage dispensation mechanism creates tension between legal certainty, justice, and expediency as conceptualized in Gustav Radbruch’s legal theory. This study employs a normative approach to analyze marriage dispensation from the perspectives of progressive law, legal protection, and the principle of the best interest of the child. The findings indicate that judicial discretion in granting marriage dispensation is influenced by social, economic, and cultural factors, thereby potentially shifting dispensation from an exceptional measure to a more commonly applied mechanism. This condition is further exacerbated by normative disharmony between marriage regulations and child protection laws, resulting in suboptimal protection of children in judicial practice.
EFEKTIVITAS HUKUM PERKAWINAN DALAM MENEKAN ANGKA PERCERAIAN DI INDONESIA Damayanti; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1842

Abstract

This study aims to analyze the effectiveness of marriage law in reducing divorce rates in Indonesia and to identify the factors influencing its level of effectiveness. Marriage law in Indonesia is regulated under Law Number 1 of 1974 concerning Marriage, which aims to establish a happy and enduring family. However, in practice, divorce rates continue to show an increasing trend. Data from Statistics Indonesia recorded 438,168 divorce cases in 2025. This research employs a qualitative approach with a normative juridical method and a descriptive-analytical nature. The data were obtained through literature study by analyzing statutory regulations, legal theories, and relevant academic sources. The results indicate that marriage law in Indonesia has not been fully effective in reducing divorce rates. This is influenced by several factors, including the substance of the law that is not fully responsive, the role of law enforcement, low public legal awareness, limited facilities and infrastructure, as well as changes in social values and norms. Nevertheless, the law still plays an important role in regulating and providing legal protection for the parties, particularly in divorce proceedings and their legal consequences. Therefore, more comprehensive efforts are needed through regulatory improvements, enhancement of public legal awareness, and strengthening the role of social institutions to increase the effectiveness of marriage law in maintaining family integrity in Indonesia.
ANALISA URGENSI PERJANJIAN PRANIKAH SEBAGAI PERLINDUNGAN FINANSIAL PASANGAN DI ERA DIGITAL Hamlatul Arsy Mulya; 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.v3i5.1860

Abstract

This study aims to analyze the urgency of prenuptial agreements as financial protection for couples in the digital age. The method used is a qualitative approach with empirical legal methods. The results indicate that prenuptial agreements play a crucial role in providing legal certainty regarding asset management and debt responsibilities, as well as protecting couples from financial risks. However, in practice, obstacles remain, such as low legal awareness and social stigma. This study concludes that prenuptial agreements are an important instrument in preventing financial conflict in households in the digital age.
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