Journal of Private and Commercial Law
Vol. 9 No. 2 (2025): November, 2025

The Broken Bridge: Are Religious Courts Upholding the Promise of Post-Divorce Support for Women and Children in Indonesia?

Ahsanul Fahmi (Faculty of Sharia, Institut Agama Islam Negeri Langsa)
Arlo Benjamin Scott (Faculty of Law, The University of Newcastle)
Souad Ahmed Ezzerouali (College of Law, Dhofar University)
Sergi Fernandez Alejandro (Sociedad Civil de Derecho y Políticas Públicas (SOCIPOL))



Article Info

Publish Date
30 Nov 2025

Abstract

Women and children occupy a distinct and vulnerable position within the Indonesian legal system, particularly in post-divorce situations. Although statutory provisions and Supreme Court regulations establish a normative foundation for protecting their rights, implementation remains inconsistent across judicial practices. This study examines the evolving role of the Religious Courts in ensuring the fulfillment of women’s and children’s rights after divorce. Using a normative juridical method with statute and conceptual approaches, the research explores the gap between legal norms and enforcement. Findings reveal that despite the limited number of divorce rulings explicitly addressing alimony, the Supreme Court has initiated significant reforms through Surat Edaran Mahkamah Agung (SEMA), strengthening judicial authority to defend vulnerable parties. Furthermore, innovative practices observed in the Religious Courts of Surabaya, Gresik, Bengkulu, and Bontang—such as salary deductions, digital monitoring systems, and inter-agency collaboration—demonstrate effective institutional interconnection in enforcing alimony. The novelty of this research lies in identifying an emergent model of cross-sectoral collaboration within the judiciary that bridges normative law and practical enforcement. Its primary contribution extends beyond the Indonesian context by offering an applicable framework for other jurisdictions facing similar challenges in the protection of women and children’s post-divorce rights. This study underscores that institutional synergy and digital governance can serve as globally relevant strategies for achieving sustainable legal protection and advancing social justice.

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Journal Info

Abbrev

jpcl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Private and Commercial Law (ISSN Print 2599-0314 ISSN 2599-0306 Online) is a scientific publication dedicated to the fields of Private and Commercial Law, as well as related disciplines. It was initiated by the Department of Private and Commercial Law, Faculty of Law at Universitas ...