JURNAL HUKUM
Vol 42, No 1 (2026): Jurnal Hukum

The Marriage Law Reform in The Global Era: Integrating Human Rights into Family Law

I Nyoman Sujana (Master of Notarial Law Study Program, Postgraduate School, Warmadewa University)
Nur Fareha (MARA Technological University, Shah Alam, Malaysia)
Jawade Hafidz (Universitas Islam Sultan Agung, Semarang, Indonesia)
Indriana Masru’iyati Salma Izzah (Universitas Islam Sultan Agung, Semarang, Indonesia)
Mazhab Mursida Zidan (Universitas Islam Sultan Agung, Semarang, Indonesia)



Article Info

Publish Date
06 Apr 2026

Abstract

The purpose of this study is to examine marriage law reform in the global era, emphasizing the integration of human rights principles into family law. This study focuses on how marriage law can respond to the demands of globalization, gender equality, and the protection of vulnerable groups. This study uses a juridical-normative approach and comparative methods through a review of laws and regulations, court decisions, and ratified international instruments. The analysis focuses on practices in Indonesia and Southeast Asian countries, particularly Malaysia and the Philippines. This study reveals that Indonesia still places religion as the primary basis for marriage legality, Malaysia faces the complexity of dualism between Islamic law and civil law, while the Philippines is relatively progressive in adopting human rights principles despite still being influenced by Catholic doctrine. This study contributes to the family law literature by offering an integrative perspective that emphasizes the importance of marriage law reform that is responsive to local values while aligning with global human rights standards. These findings have strategic implications for the development of family law policy in Southeast Asia in the face of globalization and international standardization.

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Journal Info

Abbrev

jurnalhukum

Publisher

Subject

Religion Humanities Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International ...