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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Penelitian Progresif (JPP)
Yonas PAP
Sekolah Tinggi Teologi Anugrah Indonesia
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Death and Divorce (Divorce by Death) from Legal, Religious, Ethical, and Social Perspectives: A Multidisciplinary Analysis for Public Education Yonas PAP; Musa Darwin Pane; Solihin Bin Nidin; Samikshya Madhukullya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7018

Abstract

Death as a cause for the dissolution of marriage has been recognised in Indonesian family law, religious traditions, and customary practices, but its legal implications are often controversial especially in childless marriages because the lack of clarity regarding post-death authority often triggers disputes over funeral arrangements, burial locations, and inheritance. This study uses qualitative normative legal research with a comparative-integrative design. The corpus includes legislation (UUP No. 1/1974, KHI, Civil Code) and court decisions, religious texts and contemporary interpretations (Islamic–Christian), journal articles from 2021–2025 on the themes of grief/funeral rites/family relations, BPS data, and media documents. The analysis was conducted through doctrinal legal analysis, hermeneutics, content analysis and reflective thematic analysis, synthesised with a convergent-integrative model. The findings confirm a declarative–operational gap: the law states that death ends a marriage, but does not regulate in detail the authority to manage the body, determine the location, and conduct rites; this void is filled by customary/kinship claims that often marginalise spouses, especially widows in a patriarchal context. Theologically, there is consistency in respect for spouses, but cultural practices are not always in line with this. The consequences are damage to dignity, prolonged grief, and weakened community cohesion. This paper contributes an integrative framework of law, religion, ethics and society, an operational glossary, and a draft Post-Death Authority Determination Form (POP-K). Recommendations include implementing regulations that establish a hierarchy of authority with spouses as the primary holders (unless there is an authentic will), inter-agency SOPs, multi-level community mediation, and protection clauses for childless marriages. These findings reinforce the agenda of public literacy and dispute prevention.
TRUTH WITHOUT RUPTURE: A THEOLOGICAL-RELATIONAL MODEL FOR CONFLICT RESOLUTION IN FAITH COMMUNITIES Evans Winata; Yonas PAP
Jurnal Penelitian Progresif Vol 5 No 2 (2026): MARCH 2026 - AUGUST 2026
Publisher : CV Naskah Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61992/jpp.v5i2.354

Abstract

Conflict within Christian faith communities is a pervasive yet frequently mismanaged phenomenon. Existing literature tends to frame church conflict as resolvable primarily through accommodation, separation, or suppression. This article introduces a new conceptual model — Truth Without Rupture — grounded in the lived experience of a practitioner-researcher navigating a sustained theological disagreement within a local faith community in Indonesia. Through an autoethnographic methodology, this study examines how a fundamental distinction between epistemic conflict (disagreement over doctrine and interpretation) and ontological relational identity (shared membership in the body of Christ) enabled conflict to be faced directly, mediated formally, and ultimately transformed into deeper community. Drawing on Romans 14, the theology of Miroslav Volf, and contemporary conflict transformation theory, this article argues that genuine reconciliation in faith communities does not require doctrinal consensus, but rather a theological foundation that renders the other permanently undestroyable as a relational subject. The model further identifies hospitality and servant presence as theological practices that sustain relational integrity throughout conflict. Implications for pastoral counseling, church leadership, and practical theology in pluralistic contexts are discussed.
Co-Authors Evans Winata Musa Darwin Pane Samikshya Madhukullya Solihin Bin Nidin