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The Fragility of Structural Legal Aid Implementation by the Legal Aid Institute of Padang: Institutional Challenges in Pursuing Structural Law Enforcement and Justice in West Sumatera Rido Solihin Nasution; Syaflin Halim; Desi Asmaret; Romi Saputra
Devotion : Journal of Research and Community Service Vol. 7 No. 3 (2026): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v7i3.25648

Abstract

Structural Legal Aid is an advocacy approach that not only focuses on individual defense but also seeks to address the structural roots of social and legal inequality. Within the sociocultural framework of West Sumatra, characterized by the Nagari system and customary communities, the Padang Legal Aid Institute adopts this approach in handling structural cases that reflect systemic injustice. This research aims to analyze the forms of Structural Legal Aid implementation by the Padang Legal Aid Institute and to identify the opportunities and challenges that affect its sustainability. Using a juridical-empirical method, this study is based on an inventory of data comprising the 2024 Annual Report of the Padang Legal Aid Institute, in-depth interviews with the Director and the Structural Legal Aid Division of the Padang Legal Aid Institute, as well as an examination of relevant legislation, legal literature, and scholarly journals. The research findings indicate that the implementation of Structural Legal Aid is carried out through an integration of litigation and non-litigation strategies that create an advocacy ecosystem bridging judicial processes and community movements. Opportunities for strengthening Structural Legal Aid arise from social capital, national advocacy networks, and the presence of paralegals at the nagari level, while the main obstacles include limited funding, the criminalization of human rights defenders, and weak policy support. This study contributes to the development of a contextual model of structural legal aid within Indonesia’s socio-legal framework and provides both conceptual and empirical insights for formulating community-based legal aid policies supported by the state
Joint Property Distribution from the Perspective of Maqāṣid al-Sharī‘ah: An Analysis of Decision Number 1290/Pdt.G/2021/PA.Pdg at the Padang Religious Court Syaflin Halim; Endri Yenti; Aguswan Aguswan; Annasaii bin Jamar
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 8 No 1 (2026): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v8i1.14351

Abstract

This study examines and analyzes the subjective and normative aspects of the distribution of joint property after divorce in Decision Number 1290/Pdt.G/2021/PA.Pdg. The research aims to analyze the legal process and judicial considerations applied in determining the distribution of joint property between the plaintiff and the defendant. The study employs a qualitative approach combining normative juridical analysis and field research. Primary data are obtained through interviews with ex-husband (plaintiff), ex-wife (defendant), the Chief Judge of the Padang Religious Court, and an Islamic family law scholar. Secondary data consist of judicial decisions, statutory regulations, and relevant academic literature. Data are analyzed using Miles and Huberman’s techniques, including data reduction, descriptive narrative presentation, and iterative conclusion drawing. The findings show that the dispute over joint property arises from different interpretations of ownership between the plaintiff and the defendant regarding a house acquired during marriage. Although Article 35 of Law Number 1 of 1974 and Article 97 of the Kompilasi Hukum Islam (KHI) generally recognize equal division of joint property, the court considers the financial contribution of a third party, namely the defendant’s mother. The judge applies the principles of good faith, distributive justice, and recognition of third-party contributions in determining a proportional distribution of the property. From the perspective of maqāṣid al-sharī‘ah, particularly the principle of ḥifẓ al-māl (protection of property), the decision reflects an effort to safeguard legitimate ownership and prevent unjust enrichment while maintaining fairness in family economic relations. These findings imply that integrating statutory law and maqāṣid principles can strengthen substantive justice in resolving joint property disputes in Islamic family law.