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All Journal Mawaddah: Jurnal Hukum Keluarga Islam Al-battar: Jurnal Pamungkas Hukum
Nasir, Naimah Mohamad
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Religion Law, Crime, Criminology & Criminal Justice Other

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Analysis of Law Number 23 of 2004 Concerning The Eliminator of Domestic Violence In Indonesia Sahrudi, Ahmat; Asari, Abdul Parid; Anwar, Syahrul; Lajaunie, Claire; Nasir, Naimah Mohamad
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.443

Abstract

The phenomenon of domestic violence (KDRT) in Indonesia is a serious problem that is not only in the private sphere, but also reflects human rights violations and criminal acts. This study aims to analyze the position, substance, and implementation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law) in the national legal system. The method used is normative juridical research with legislative, conceptual, and court decision analysis approaches as the main study material. The results of the study show that the PKDRT Law has a strategic role in expanding the definition of domestic violence, including physical, psychological, sexual, and neglectful violence. In addition, this law provides comprehensive victim protection instruments, such as protection orders, legal assistance, and recovery services. Analysis of court decisions indicates that judges have consistently used the PKDRT Law as a basis for legal considerations, although there are variations in the juridical and sociological approaches used in deciding cases. However, the implementation of the PKDRT Law still faces various challenges, such as a strong patriarchal culture, social stigma against victims, and limited access to legal services and protection. Therefore, it is necessary to strengthen synergy between law enforcement agencies, increase public awareness, and optimize victim protection services to ensure the effectiveness of the implementation of the PKDRT Law in ensuring justice and protection for victims of domestic violence.
Judicial Reluctance and Legal Gaps in Recognizing Gambling as a Ground for Divorce: An Islamic Law Analysis of Decisions of the Pekanbaru Religious Court Muhammad, Fadel; Bustami, Zulfahmi; Darwis, Muhammad; Fajri, Pujangga Candrawijayaning; Nasir, Naimah Mohamad
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.32

Abstract

This study is motivated by the empirical finding that judges in the Religious Court Class 1A Pekanbaru do not explicitly use gambling as a legal ground for divorce, despite its inclusion in Government Regulation No. 9 of 1975 Article 19(a) and the Compilation of Islamic Law (KHI) Article 116(a). Moreover, Law No. 1 of 1974 on Marriage does not specifically recognize gambling as a cause of divorce, resulting in limited legal protection for affected parties. This research aims to analyze judicial reasoning and standards in adjudicating divorce cases involving gambling from an Islamic law perspective. This study employs a qualitative normative legal approach based on secondary data, utilizing statutory, case, and historical approaches. Data were collected through literature review and supported by interviews, and analyzed using qualitative analytical techniques to derive systematic and interpretative conclusions. The findings reveal that judges tend not to explicitly consider gambling as a primary ground for divorce, instead relying on arguments of continuous disputes and conflicts. Consequently, the normative provisions of Government Regulation No. 9 of 1975 Article 19(a) and KHI Article 116(a) are not optimally applied. From an Islamic law perspective, which prioritizes family welfare (maslahah), gambling can constitute a legitimate (syar’i) ground for divorce. In conclusion, there is a normative and practical gap in judicial application, indicating the need for legal reform. This study recommends strengthening legal provisions by explicitly incorporating gambling as a ground for divorce through amendments to Law No. 1 of 1974 to ensure legal certainty and protection.  
Co-Authors Asari, Abdul Parid Bustami, Zulfahmi Fadel Muhammad, Fadel Fajri, Pujangga Candrawijayaning Lajaunie, Claire Muh. Darwis Sahrudi, Ahmat