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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Jurnal Begawan Hukum
Rizky Hilmansyah
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hak Anak Pasca Perceraian: Perspektif Hukum Keluarga Islam dan Kompilasi Hukum Islam Ahmad Ikhsan Ramadhan; Diana Ramadani; Rizky Hilmansyah; Muhamad Mustajib Ramdani; Muhamad Arifin Ilham
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/7zvbnn89

Abstract

The protection of children’s rights after divorce constitutes a crucial issue within Islamic family law and the Compilation of Islamic Law in Indonesia. Divorce often places children in a vulnerable position, particularly regarding custody, financial support, education, and psychological well-being. This study examines the protection of children’s rights after divorce from the perspective of Islamic family law and the Compilation of Islamic Law, emphasizing normative frameworks and their practical implementation. Using a normative juridical approach, this research analyzes statutory regulations, judicial decisions, and relevant scholarly studies related to post-divorce child protection. The findings indicate that although Islamic family law and national regulations provide a solid legal foundation for safeguarding children’s rights, significant challenges remain in enforcement, judicial consistency, and parental legal awareness. Judges play a decisive role in ensuring that court decisions reflect the best interests of the child by integrating legal, social, and moral considerations. Strengthening the protection of children’s rights requires regulatory harmonization, effective enforcement mechanisms, and a value-based approach rooted in justice and child welfare. This study contributes to the development of Islamic family law discourse by highlighting the need for a more responsive and child-centered legal framework.  
Dampak Poligami terhadap Perempuan dan Anak dalam Keluarga Dzakiyatul Qowiy Bathin; Rizky Hilmansyah; Muhamad Hapipi Roif; Humaeroh Humaeroh
Jurnal Begawan Hukum (JBH) Vol. 4 No. 1 (2026): April:Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v4i1.164

Abstract

Polygamy remains a controversial issue in Indonesia, involving legal, religious, and social dimensions. This study aims to analyze the social, psychological, and economic impacts of polygamy on wives and children. Using a qualitative library research approach, the study examines primary sources, including Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, as well as relevant scientific literature and journal articles. The findings indicate that although Indonesian law permits polygamy under strict conditions, such as the wife's consent and the husband's ability to act fairly, these requirements are often difficult to fulfill in practice. Psychologically, wives frequently experience jealousy, emotional stress, depression, and feelings of injustice. Economically, polygamy may lead to the division of family resources, reducing the welfare of wives and children. Children may also experience emotional difficulties due to limited parental attention, conflicts among siblings, and social stigma. These impacts can affect family harmony and child development. Therefore, stronger legal supervision and public education are needed to ensure the protection of women's and children's rights and to minimize the negative consequences of irresponsible polygamous practices.
Co-Authors Ahmad Ikhsan Ramadhan Diana Ramadani Dzakiyatul Qowiy Bathin Humaeroh Humaeroh Muhamad Arifin Ilham Muhamad Hapipi Roif Muhamad Mustajib Ramdani