Lex Renaissance
Vol. 11 No. 1 June 2026

Divorce At The Religious Court: A Paper Victory: Perceraian di Pengadilan Agama: Sebuah Kemenangan di Atas Kertas

Rahmaniah, Amelia (Unknown)
Mulyati, Farihatni (Unknown)
Jarajap, Inawati Mohammad Jainie (Unknown)



Article Info

Publish Date
10 Sep 2026

Abstract

When a divorce occurs, women are entitled to certain rights: mut'ah (consolation gift), iddah maintenance, māḍiyah (arrears) maintenance, unpaid dower (mahar), and joint marital property. However, these rights are not always fulfilled even when explicitly stated in the court's verdict, rendering the ruling merely a "victory on paper." Women's rights become even more vulnerable to non-fulfillment in the case of unregistered (extrajudicial) divorce. This phenomenon leaves many women's rights unprotected, given the high divorce rate in Indonesia, including in Banjarmasin. This study is significant as it aims to describe the fulfillment of women's post-divorce rights at the Religious Court of Banjarmasin, the obstacles encountered, and possible solutions to ensure that women's rights are protected. This research is an empirical legal study based on interviews with 12 women. The data were classified and analyzed through three stages: data restatement, data description, and data interpretation. The findings show that the fulfillment of women's post-divorce rights at the Religious Court of Banjarmasin is not always achieved. Several obstacles were identified, including women's absence from court proceedings, women's limited knowledge of their rights, and the circumstances of the former husband, all of which contribute to the non-fulfillment of women's rights. This study contributes solutions to ensure that women's post-divorce rights before the Religious Court are not merely a "victory on paper" but can be genuinely fulfilled. These include the need for judges to take a more proactive stance in protecting women's rights, education for husbands and wives, increased awareness among wives to claim their rights when unfulfilled, and cooperation between the judicial institution and other relevant agencies.

Copyrights © 2026






Journal Info

Abbrev

Lex-Renaissance

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Lex Renaissance adalah jurnal yang diterbitkan oleh program Pascasarjana Fakultas hukum Universitas Islam Indonesia. terbit dua kali dalam satu tahun (Januari dan Juli). jurnal ini adalah media komunikasi dan pengembangan ilmu. Jurnal terbit setiap ...