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All Journal Jurnal Ilmiah Al-Syir'ah Kosmik Hukum Kawanua International Journal of Multicultural Studies Referensi Islamika: Jurnal Studi Islam
Syahrul Mubarak Subeitan
Institut Agama Islam Negeri Manado
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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UNVEILING JUDICIAL REASONING IN UNDERAGE MARRIAGE DISPENSATION: NON-PREGNANCY CASES AT THE YOGYAKARTA RELIGIOUS COURT Zakiyuddin Abdul Adhim; Syahrul Mubarak Subeitan; Niska Shofia
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 3 (2026): JUNE
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i3.645

Abstract

This study examines the legal reasoning of judges in granting marriage dispensations for underage applicants at the Yogyakarta Religious Court, with particular attention to cases not involving pregnancy. It seeks to explain how judges construct legal urgency and how far their reasoning reflects the principle of the best interests of the child after the enactment of stricter minimum marriage age regulations in Indonesia. This research employs a qualitative socio-legal case study with a legal reasoning approach. The data consist of 72 marriage dispensation decisions issued by the Yogyakarta Religious Court in 2020, with a focused analysis of 13 granted cases in which pregnancy was not the determining reason. The decisions were examined through thematic legal analysis and the IRAC framework by identifying the legal issue, applicable rules, judicial arguments, and conclusions in each case. The study finds that, in non-pregnancy cases, judges tended to interpret “urgent reasons” through social, moral, and familial considerations, such as fear of zina, long romantic relationships, parental anxiety, social stigma, economic readiness, and the desire to preserve family honor. The principle of the best interests of the child was mentioned in several decisions, but it was not always applied as a substantive standard for assessing education, reproductive health, psychological maturity, and long-term vulnerability. This pattern shows that judicial reasoning in marriage dispensation cases may shift the function of dispensation from a limited legal exception into a mechanism for accommodating social and moral pressure. This study is limited to one religious court and one year of decisions, which restricts generalization. However, it offers a focused account of how judicial discretion operates in non-pregnancy marriage dispensation cases and highlights the need for clearer judicial standards in defining urgent reasons and applying child protection principles. This study’s originality lies in examining non-pregnancy marriage dispensation cases, an underexplored area in Indonesian religious court studies. It shows how judicial discretion may turn “urgent reasons” into a legal space where social and moral pressures override the child-protection purpose of Indonesia’s marriage law reform.
The Authority of Ex Officio Judges in Protecting Women's and Children's Rights Post-Divorce at the Manado Religious Court Salma Salma; Syahrul Mubarak Subeitan; Naskur Bilalu; Asril Amirul Zakariah; Adamu Abubakar Muhammad
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3318

Abstract

This study examines how judges' ex officio authority is applied to secure the rights of ex-wives and children following a divorce at the Manado Religious Court and the challenges judges face in exercising this authority. It focuses on fulfilling iddah alimony, mut'ah, and child support by the ex-husband and applying ex officio authority in divorce cases. Using an empirical legal approach, the research collects data through in-depth interviews, observations, and documentation. Primary data was gathered from interviews with Manado Religious Court judges and relevant parties, while secondary data was sourced from legal literature and regulations. The findings show that, although legal provisions exist to protect the rights of ex-wives and children, their implementation is hindered by social and economic factors, as well as difficulties in enforcing court decisions. Furthermore, ex officio authority is not always consistently applied, with some judges rarely using it or relying solely on trial evidence. Key challenges include claims of financial incapacity by the ex-husband and lengthy, costly execution processes, undermining the effectiveness of fulfilling these rights. The study also reveals the lack of clarity regarding criminal sanctions for ex-husbands neglecting their alimony obligations.
Compensatory Annulment Justice in Indonesian Marriage Law: Coercion, Cohabitation, and Substantive Protection Muliadi Nur; Rosdalina Bukido; Syahrul Mubarak Subeitan
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30648

Abstract

Existing scholarship on marriage annulment in Indonesian family law primarily addresses formal defects of validity and coercion, but offers limited analysis of compensatory remedies when annulment produces social and economic harm. This article addresses that gap by examining Decision No. 42/Pdt.G/2023/PA.Llk and introducing the concept of compensatory annulment justice, defined as a judicial approach that annuls a coerced marriage while preserving limited remedies for relational harm. Using a normative juridical, case-based analysis, the study treats the decision as primary legal material to assess judicial reasoning on consent, coercion, cohabitation, and compensation. The findings show that the court moved beyond formal validity by (i) construing coercion through witness-based proof of psychological threat, (ii) positioning premarital cohabitation and local custom as relevant social facts without allowing them to override free consent, and (iii) awarding Rp2,000,000 via reconventional claim grounded in unlawful act doctrine and proportionality. These results demonstrate that annulment need not erase all consequences of the relationship. The study contributes a coherent framework for integrating consent protection with post-annulment responsibility, offering doctrinal guidance for courts to balance autonomy, legal pluralism, and substantive justice in family disputes.
Multicultural Transformation in Waqf Land Registration: Role of Waqf Pledge Deed Officials in Manado, Indonesia Hasyim Sofyan Lahilote; Syahrul Mubarak Subeitan
Kawanua International Journal of Multicultural Studies Vol 5 No 1 (2024)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v5i1.667

Abstract

This study explores the multicultural transformation in waqf land registration in Indonesia, focusing on the role of Waqf Pledge Deed Officials (PPAIWs) in Singkil District, Manado City. Employing a multicultural approach integrated with empirical legal research methods, this study examines how national waqf policies interact with cultural and religious diversity at the local level. Data collection methods include legal document analysis, field observations, and in-depth interviews with PPAIWs, nazhirs, religious leaders from various communities, and government officials. The data were analyzed using a multicultural theoretical framework, emphasizing the concepts of 'interactive multiculturalism' and 'dialogical multiculturalism'. The findings reveal that only 18.9% of waqf lands are certified and 21.6% have Waqf Pledge Deeds, reflecting the challenges in aligning national policies with local multicultural realities. However, the adaptive strategies of PPAIWs in bridging cultural and religious differences demonstrate the potential for multicultural transformation in waqf management. This study proposes a more inclusive model of waqf registration, including cross-cultural outreach programs, flexible legal interpretations, and the utilization of interfaith dialogue. This research contributes to a more nuanced understanding of religious law implementation in pluralistic societies, offering new insights into how waqf policies can be enriched through a multicultural approach to enhance social harmony and administrative effectiveness.
Co-Authors Adamu Abubakar Muhammad Asril Amirul Zakariah Hasyim Sofyan Lahilote Muliadi Nur Naskur Bilalu Niska Shofia Rosdalina Bukido Salma Salma Wira Purwadi Zakiyuddin Abdul Adhim