Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Indonesian Scholars for Social Research
Alwi Jaya
Unknown Affiliation
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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

Found 2 Documents
Search

 1 
Inequality of Rights in Verstek Divorce: Islamic Law Perspective and Practices in Religious Courts Ridmajayanti; Alwi Jaya; Arifullah; Jumra; Nurmisari
Journal of Indonesian Scholars for Social Research Vol. 5 No. 1 (2025): JISSR
Publisher : Cendekiawan Indonesia Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59065/jissr.v5i1.175

Abstract

Verstek divorce rulings, where one party does not attend court proceedings, often result in inequalities in fulfilling the rights of ex-wives. This study explores the legal obligations of husbands toward their former spouses in verstek divorce cases, analyzing both Islamic legal principles and judicial practices in Indonesian Religious Courts. Using an empirical juridical approach, this research was conducted at the Watampone Religious Court Class IA through legal document analysis and interviews with judges and other key stakeholders. The findings indicate that while Islamic law mandates husbands to provide financial support to their ex-wives, including nafkah iddah (maintenance during the waiting period) and nafkah mut’ah (consolation gifts), these provisions are often not enforced effectively in verstek decisions. The absence of the husband in court proceedings significantly affects the judicial process, limiting the court’s ability to ensure compliance. Additionally, many women lack legal awareness, leading to challenges in claiming their rights. Even when courts rule in favor of ex-wives, enforcing financial obligations remains a major issue due to weak legal execution mechanisms. This study highlights the urgent need for improved legal frameworks and enforcement strategies to protect women’s rights in verstek divorce cases. Strengthening legal aid services, increasing judicial oversight, and enhancing post-divorce monitoring mechanisms are essential steps to ensure the equitable implementation of Islamic family law.
Legal remedies and damages in tort law: a comparative studi civil law jurisdictions Andi Hertawati; Alwi Jaya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze legal remedies and damages mechanisms in civil law in various civil law jurisdictions comparatively. The research approach uses a qualitative method with a comparative legal study design, examining regulatory frameworks, court decisions, and legal doctrines in several Continental European and Asian countries that adhere to the civil law system. The results of the study show that there are fundamental differences in the determination of the form of compensation, both material and immaterial compensation, which are influenced by legal traditions, principles of accountability, and socio-economic developments in each country. In addition, variations in the application of punitive damages as well as non-material recovery mechanisms highlight the philosophical differences between victim protection and the prevention of unlawful acts. These findings make an important contribution to the development of Indonesian civil law, particularly in the improvement of compensation regulations and the harmonization of civil liability principles at the international level. The study recommends the need for legal updates that are responsive to global dynamics and best practices from various civil law jurisdictions
Co-Authors Andi Hertawati Arifullah Jumra Nurmisari Ridmajayanti