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All Journal Jurnal Ilmu Hukum The Juris Rechtsvinding
Hariyadi, Luqman
Unknown Affiliation
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTASI PEMBAYARAN NAFKAH ANAK PASCA PERCERAIAN DI KABUPATEN KUTAI TIMUR KALIMANTAN TIMUR Hariyadi, Luqman; Darmawati; Salehudin
The Juris Vol. 7 No. 2 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i2.973

Abstract

The purpose of this research is to understand and analyze the implementation of child support payments post-divorce in Kutai Timur Regency, East Kalimantan Province. The research method used is a field study with a normative-empirical approach. Primary data sources were gathered through interviews with the Chief of the Religious Court in Sangatta, judges, child support claimants, and other relevant parties. The results of this research indicate that child support payments after the dissolution of marriage in the jurisdiction of the Religious Court in Sangatta are still not functioning properly. This is due to the economic incapacity of the fathers and negligence on the part of fathers in providing post-divorce child support.
Summons of Registered Letters in Civil Procedure Law of Religious Courts: A Study of Legal Certainty and Substantive Justice Theory in the Perspective of Islamic Studies Hariyadi, Luqman; Sumbulah, Umi; Sugiyar, Sugiyar
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1236

Abstract

This article examines summons by registered mail in civil cases before Indonesia’s Religious Courts as a critical intersection between legal certainty, legal protection, and substantive justice from an Islamic Studies perspective. The issue is crucial because summons determine whether a party’s right to know, to appear, and to be heard is effectively secured. At the same time, judicial digitalisation and cooperation with the national postal service (PT Pos Indonesia) have significantly altered the traditional bailiff-based model. The aims of this study are: (1) to describe the normative configuration and practical implementation of registered-mail summons in the Religious Courts; (2) to assess them through the Theory of Legal Certainty and Philipus M. Hadjon’s Theory of Legal Protection; and (3) to interpret their implications for substantive justice in Islamic Studies. This research employs a qualitative, normative-juridical Design, combined with an Islamic Studies approach, based on library research, statutory, conceptual, and case approaches, and using content, discourse, and interpretive analysis. The findings indicate that registered-mail summons enhances procedural certainty but does not fully guarantee legal protection or substantive justice due to problems with identity, addresses, postal SOPs, and the cost burden of summons. The article argues for a reconstructed susummoDesigning with maligned aqāṣid al-sharī'ah and the principles of simple, swift, and low-cost justice.
Co-Authors Darmawati Salehudin Sugiyar, Sugiyar Umi Sumbulah