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All Journal Jurnal Al-Hikmah Journal of Law, Poliitic and Humanities AHKAM : Jurnal Hukum Islam dan Humaniora
Maria Rosalina
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Tahapan Pengajuan Gugatan di Pengadilan Negeri Maria Rosalina; Danialsyah Danialsyah; Zulkifli AR
Jurnal Hukum Al-Hikmah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 3, No 3 (2022): Edisi September 2022
Publisher : Fakultas Hukum universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhah.v3i3.5954

Abstract

The Role of The Indonesian Insurance Mediation Body (BMAI) in Resolving Insurance Conflicts Elyani, Elyani; Ida Nadirah; Maria Rosalina
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.475

Abstract

In this paper, we will review the regulation of insurance in Indonesia and the role played by the Indonesian Insurance Mediation Agency (BMAI) in resolving insurance-related conflicts. This research uses normative legal research methods. According to the definition of Soerjono Soekamto, method is a process, principles, and procedures for solving problems. This research is conducted through a careful, thorough, and comprehensive examination of certain phenomena with the aim of increasing human understanding. The regulation of the insurance industry in Indonesia is regulated by Law Number 40 of 2014 concerning Insurance, while Law Number 30 of 1999 regulates arbitration and alternative methods of conflict resolution. Differences of opinion between the parties involved are often the cause of conflicts in this context. The Indonesian Insurance Mediation Agency (BMAI) has been actively involved in resolving insurance conflicts since 2006. BMAI is a legal entity based on Pancasila and based on the 1945 Constitution, which operates independently and is neutral. BMAI plays a role in resolving conflicts, especially in the field of insurance in Indonesia through mediation, education, and arbitration processes.
Perlindungan Hukum terhadap Pemenuhan Hak Nafkah Anak Pasca Putusan Pengadilan Khairunnisyah Khairunnisyah; Maria Rosalina; Sheara Athalia Az Zahra Hasibuan; Nur Rahma Dina
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10714

Abstract

Divorce in Indonesia continues to leave serious problems in the fulfillment of children’s maintenance rights, although this obligation is normatively attached to the father under Law Number 1 of 1974 and the Compilation of Islamic Law. This condition places children as a vulnerable party to developmental disruptions due to non-compliance with court decisions that have obtained permanent legal force (inkracht van gewijsde). This study aims to analyze the implementation of the fulfillment of children’s maintenance rights after court decisions and to formulate legal protection measures that can be pursued when this obligation is neglected. This study used a normative legal method with statutory, conceptual, and case approaches. Legal materials were analyzed descriptively and analytically through legal interpretation to reveal the gap between das sollen and das sein. The results show a sharp discrepancy in the implementation of child maintenance, because the applicable law enforcement mechanism still tends to be passive and dependent on the mother’s initiative, so court decisions often remain an administrative formality without actual execution. The conclusion of this study affirms that the protection of children’s maintenance rights has not been effective due to the absence of a permanent execution supervisory institution, limited access to the financial data of the obligated party, and weak sanctions for negligent parties. The implications of this study emphasize the need for a paradigm shift from passive enforcement to active enforcement through the integration of inter-institutional data systems, more assertive reform of execution policies, and the strengthening of administrative and criminal sanctions against fathers who neglect maintenance obligations in order to guarantee the best interests of the child.
Keabsahan Alat Bukti Elektronik dalam Perkara Perceraian: Analisis Yuridis dan Praktik di Pengadilan Agama Rifky Akhmad Maulana Chaidir; Maria Rosalina; Raja Fikri Setiawan; Irwansyah Parulian Harahap
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10715

Abstract

Digital transformation has changed the dynamics of the law of evidence in Indonesia, including in divorce cases before the Religious Courts. Although Law Number 11 of 2008 concerning Electronic Information and Transactions has recognized electronic evidence as valid evidence, its implementation in religious court practice still faces epistemological and procedural obstacles. This study aims to analyze the legal status of electronic evidence, identify the gap between legal norms and judicial practice, and formulate appropriate legal reasoning for judges in verifying digital evidence. This study used a normative legal method with statutory and case approaches. The results show that juridically, electronic evidence has been recognized as an expansion of documentary evidence, but in practice, judges still tend to position digital evidence as supporting evidence. This disparity is influenced by the absence of uniform technical guidelines, limited digital forensic infrastructure, and the mindset of law enforcement officials that still prioritizes conventional evidentiary methods based on classical fiqh literature. The conclusion of this study affirms that the standardization of Digital Evidence Admissibility procedures is essential to minimize judicial subjectivity and legal uncertainty, while still observing the principle of prudence (ihtiyat) in Islamic law. The implications of this study emphasize the need to strengthen judges’ digital competence and renew evidentiary governance so that religious courts remain relevant, adaptive, and capable of delivering proportional justice in the era of information disruption.
Verstek dalam Perkara Perceraian di Pengadilan Agama dan Implikasinya terhadap Putusan Hafizah Salsabilah Manik; Maria Rosalina; Shakila Aminah Pulungan; Siti Zahra Hsb
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10717

Abstract

Divorce cases in the Religious Courts require a balance between the efficiency of case resolution and the protection of the defendant’s rights, especially when a decision is rendered in the defendant’s absence through the verstek mechanism. This study aims to analyze the mechanism for applying verstek decisions in divorce cases in the Religious Courts and to formulate effective legal protection measures for defendants through the verzet mechanism. This study used a normative legal method with a prescriptive doctrinal approach through the examination of primary legal materials, such as HIR and RBg, as well as other relevant legal literature. The results show that verstek decisions are an important instrument for preventing stagnation in the judicial process due to the defendant’s passive attitude, but judges still have a judicial obligation to conduct ex officio examination to ensure that the claim is well-founded and does not violate rights. In divorce cases, the application of verstek has specific characteristics because judges bear a moral burden to view divorce as an ultimum remedium. As a balancing mechanism, verzet functions as an instrument of legal protection that provides defendants with a second opportunity to defend themselves and refute the plaintiff’s arguments through adversarial examination. The conclusion of this study affirms that the regulation of verstek and verzet represents a synthesis between the need for judicial efficiency and respect for substantive justice. The implications of this study indicate the importance of applying the principle of judicial prudence in divorce cases and the need for further socio-legal studies to assess the effectiveness of implementing such decisions in judicial practice across various regions.
Kedudukan Gugatan Rekonvensi dalam Cerai Talak dan Cerai Gugat di Peradilan Agama Maria Rosalina; Shafira Putri Azhari; Najwa Tindaon; Chairunnisa Chairunnisa
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10799

Abstract

Although counterclaims have been recognized as a defendant’s formal right in civil procedural law, their position in divorce by repudiation and contested divorce cases within the Religious Courts still faces inconsistent practice, particularly due to a normative gap in the Compilation of Islamic Law. This study aims to examine the position of counterclaims in divorce by repudiation and contested divorce cases and to analyze their effectiveness as an instrument for protecting the rights of the parties. This study uses a normative legal method with statutory and conceptual approaches. Legal materials were analyzed descriptively and analytically to examine the regulation of counterclaims under the HIR and RBg and their relevance in the practice of resolving divorce cases in the Religious Courts. The results of the study show that counterclaims have an important position as a means of protecting the defendant’s rights as well as an instrument of procedural efficiency through the concept of one-stop litigation. However, their effectiveness is still hindered by normative uncertainty regarding post-divorce rights and weaknesses in the enforcement of judgments. Supreme Court Circular Number 3 of 2018, through the judge’s ex officio authority, constitutes a legal breakthrough in protecting women’s rights, but it cannot replace the active role of counterclaims as an instrument for asserting the rights of the parties. The conclusion of the study affirms that counterclaims need to be positioned as a strategic legal mechanism in resolving divorce cases in the Religious Courts. The implications of this study indicate the need for regulatory synchronization and the preparation of more comprehensive operational guidelines to ensure legal certainty, judicial efficiency, and substantive justice for the litigating parties.
Co-Authors Chairunnisa Chairunnisa Danial Syah Elyani, Elyani Hafizah Salsabilah Manik Ida Nadirah Irwansyah Parulian Harahap Khairunnisyah Khairunnisyah Najwa Tindaon Nur Rahma Dina Raja Fikri Setiawan Rifky Akhmad Maulana Chaidir Shafira Putri Azhari Shakila Aminah Pulungan Sheara Athalia Az Zahra Hasibuan Siti Zahra Hsb Zulkifli AR