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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam KRTHA BHAYANGKARA
Maghrabi, Ahmad Maulana
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Law, Crime, Criminology & Criminal Justice

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Family Dispute Resolution System and Its Challenges in Indonesia Maghrabi, Ahmad Maulana; Abdul Basith, Muhammad; Sururie, Ramdani Wahyu
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.4144

Abstract

The The family dispute resolution system in Indonesia aims to resolve various issues within family relationships, such as divorce, child custody, and division of joint property. Dispute resolution can be conducted through two main channels: litigation (court proceedings) and non-litigation (mediation). The court plays an important role in enforcing the law and protecting the rights of the parties involved. This article aims to analyze the effectiveness of the family dispute resolution system in Indonesia and evaluate the challenges faced in its implementation. The discussion begins with an explanation of the dispute resolution system in court, mediation as an alternative dispute resolution method, and the challenges in resolving family disputes in Indonesia. Furthermore, the article examines the role of the court in supporting justice for the parties involved in family disputes and identifies factors that affect the success of mediation. This study is also necessary to explore the challenges and dynamics that arise in family dispute resolution, particularly regarding the duration of legal processes, high costs, and emotional tensions between the disputing parties. This research uses a qualitative method, referring to related sources such as previous studies on family dispute resolution. In conclusion, the family dispute resolution system in Indonesia requires improvements, including the optimization of mediation, simplification of legal procedures, and digitalization of legal services to achieve a more efficient and just process
Hak dan Kewajiban Anggota Keluarga dalam Perspektif Kekerasan dan Tindak Pidana dalam Keluarga Maghrabi, Ahmad Maulana; Anwar, Syahrul
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 28 No 2 (2025): Al-Qanun, Vol. 28, No. 2, Desember 2025
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2025.28.2.190-201

Abstract

The relationship among family members ideally should be based on love, mutual respect, and the fulfillment of rights and obligations. However, in reality, an imbalance in the execution of rights and obligations often triggers conflicts that can lead to domestic violence (DV). This violence not only impacts the victims physically and psychologically, but it can also have legal consequences in the form of criminal acts. Therefore, understanding the rights and obligations of family members is important to reduce the potential for violence within the family. The research method used in this study is a literature review related to the rights and obligations of family members. The rights and obligations of family members are the fundamental basis for building resilience and harmony in households. Every member has complementary roles which create balance in family relationships. With the synergy between family awareness, community support, and state law enforcement, violations of rights and obligations can decrease and diminish. Ultimately, the balance in the implementation of the rights and obligations of family members not only prevents criminal acts within the family but also strengthens the foundation of a just, prosperous, and civilized society.  
Co-Authors Abdul Basith, Muhammad Ramdani Wahyu Sururie