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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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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.
Ketidaksesuaian antara Regulasi dan Praktik Perjanjian Perkawinan Pasca Putusan MK Nomor 69/PUU-XIII/2015 Fitria Agustin; Meyilin Rosalia Sinaga; Agung Hartono
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 7 (2026): Jurnal Riset Multidisiplin Edukasi (Juli 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i7.2414

Abstract

This study aims to analyze the legal regulation of marriage agreements following the Constitutional Court Decision Number 69/PUU-XIII/2015 and to examine the discrepancies between regulations and practices in society. The method used is normative legal research with a statutory and conceptual approach, supported by a literature review from national scientific journals for the period 2021–2025. The results of the first discussion show that the Constitutional Court decision has broadened the regulation of marriage agreements by strengthening the principle of freedom of contract, thus allowing agreements to be made during the course of marriage. However, the results of the second discussion indicate that in practice, these provisions have not been utilized optimally, as evidenced by the low use of post-marriage agreements and the unclear mechanisms for recording and recognizing them by third parties. The conclusion of this study affirms that although legal validity has been fulfilled and contractual freedom has been expanded, its implementation still faces challenges in terms of legal certainty. Therefore, it is recommended to have more detailed technical regulations, enhanced coordination between institutions, as well as legal socialization to the public to support the optimal application of marriage agreements in Indonesia.
Co-Authors Adietya Zahrandika Nursetyo Agung Hartono Army Putra Yudha Azka Amatillah Bobby Trisna Darmawan Dafa Ferdiansyah Damayanti Deviani Theresia Br Barus Endra Budiantono Hamlatul Arsy Mulya Inarotul Fikria Jauharoh Mahfudoh Meyilin Rosalia Sinaga 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