Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Khazanah Sosial
Nurlaila Harun
Institut Agama Islam Negeri Manado
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Reconciling Traditions: The Role of Local Wisdom in Mediating Divorce in Indonesia's Religious Courts Rosdalina Bukido; Sjamsuddin A. K. Antuli; Nurlaila Harun; Nurlaila Isima; Ulin Na'mah
Khazanah Sosial Vol 6, No 2 (2024): Khazanah Sosial
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ks.v6i2.32809

Abstract

In response to escalating divorce rates in Indonesia, particularly within its Religious Courts, this study explores the limitations of current mediation practices. It proposes local wisdom-based mediation as an alternative approach. Traditional mediation within these courts often fails to prevent divorces effectively, prompting the need for innovative solutions that integrate cultural insights. This research aims to assess the effectiveness of mediation processes within Indonesia's Religious Courts and investigate the potential role of religious leaders in improving mediation outcomes. Specifically, it highlights how local wisdom can be leveraged to mitigate divorce rates by fostering reconciliation and resolving disputes outside formal legal procedures. Using an empirical approach, researchers collected data by interviewing 50 informants, namely judges, religious leaders, and the government, related to the increasing divorce rate. The findings that can be presented are that religious figures, as locals, can reconcile divorced parties without the need to go to religious courts. The Religious Court is seen as a formal facility to certify the divorce of both parties, but has yet to be able to prevent divorce optimally. That is, the high divorce rate in religious courts requires the involvement of religious leaders in reconciling parties who want to divorce. This study accepts the potential for integrating local wisdom in mediating to reduce divorce rates. With an emphasis on cultural sensitivity and community involvement, this approach aims to go beyond the limitations of conventional legal frameworks and promote more meaningful outcomes in resolving marital conflict.
Legal Protection of Children After Divorce: A Comparative Study of Islamic Law and the Child Protection Act Muhammad Syafiq; Vivit Fitriyanti; Nurlaila Harun; Kurniati Abidin; Muhammad Haikal Tunisi; Surip Stanislaus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6674

Abstract

This article examines the legal protection of children after divorce through a comparative approach between Islamic law and the Indonesian Child Protection Act. Divorce often has negative consequences for children—psychologically, socially, and economically. Therefore, a legal framework is needed that can guarantee the comprehensive fulfillment of children’s rights, even after the termination of parental marital relations. From the perspective of Islamic law, the principle of child protection is rooted in the objectives of sharia (maqāṣid al-sharī‘ah), particularly in preserving life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and intellect (ḥifẓ al-‘aql). The concepts of ḥaḍānah (custody), the obligation of financial support, and the continuity of emotional roles of parents indicate that Islam places the welfare of the child as a top priority. Meanwhile, Law No. 35 of 2014 guarantees the rights of children after divorce through the principle of the best interest of the child, although its implementation still faces challenges such as weak legal enforcement and lack of supervision in the fulfillment of custody and child support. This article employs a normative-comparative research method and a maqāṣid-based analysis. The findings show the urgency of harmonizing the regulations between the two legal systems to realize a child protection framework that is just, comprehensive, and contextually relevant. The integration of maqāṣid principles into national policy is key to strengthening the child protection system in Indonesia.
Co-Authors Kurniati Abidin Muhammad Haikal Tunisi Muhammad Syafiq Nurlaila Isima Rosdalina Bukido Sjamsuddin A. K. Antuli Stanislaus, Surip Ulin Na'mah Vivit Fitriyanti