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Sakina: Journal of Family Studies
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : -     EISSN : 25809865     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
Journal of Family Studies merupakan sarana komunikasi dan publikasi ilmiah yang berasal dari riset-riset mahasiswa di bidang hukum keluarga dengan berbagai aspek dan pendekatan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 432 Documents
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The Effectiveness of Fulfilling Children's Educational Rights in the Legal Development Process Anggraeni, Afifah Dhaninta; Adityo, Rayno Dwi
Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i3.18078

Abstract

This study investigates the legal effectiveness of fulfilling the right to education for children in conflict with the law at the Child Special Development Institution (LPKA) Class I Blitar, Indonesia, applying Soerjono Soekanto’s framework of legal effectiveness. Using a juridical-empirical approach, data were collected through semi-structured interviews with institutional staff, analysis of official documentation, and review of relevant laws and regulations. Addressing a gap in existing scholarship, which largely centers on child victims, this research focuses on convicted juveniles as legal subjects entitled to educational rights. The findings reveal that the fulfillment of educational rights at LPKA Class I Blitar can be categorized as “quite effective,” supported by structured formal and non-formal programs, the operation of a self-managed primary school, diverse life skills training, and collaboration with 40 stakeholder institutions. Nevertheless, significant obstacles persist, including the heterogeneity of educational backgrounds among fostered children, limited adaptive learning facilities, and insufficient community engagement. These factors undermine the community and cultural dimensions of legal effectiveness, despite strong performance in legal substance, law enforcement, and facilities. Theoretically, the study validates Soekanto’s framework in the context of juvenile justice, emphasizing the interplay between legal, institutional, community, and cultural dimensions. Practically, it proposes a scalable multi-stakeholder cooperation model to enhance educational quality and sustainability in correctional settings. These findings suggest that legal effectiveness should be evaluated not only through institutional compliance but also through the extent to which education fosters genuine rehabilitation and social reintegration, aligning national practices with international child rights standards.
Loopholes in Law: Why Local Strategies Fail to Curb Child Marriage in Jember Regency Muslifah, siti; Rosyid, Muhammad Aenur; Arfan, Iklil Athroz
Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i3.18220

Abstract

In the last three years, the rate of early marriage in Jember Regency has been quite high, and in 2023 it ranked first in East Java. Raising the minimum age limit for prospective female brides has not been able to reduce child marriage rates because it can still be circumvented through dispensation applications. Therefore, synergy between relevant stakeholders is needed, especially the role of the Jember Regency government in reducing early marriage to create a child-friendly Jember Regency. The purpose of this research is to understand community perceptions of the high rate of early marriage in Jember Regency, analyze government efforts to prevent early marriage, and measure the legal effectiveness of the implemented measures. This research uses qualitative methods with a sociological juridical approach. The results of this research are as follows. First, according to community perceptions, the high rate of early marriage in Jember Regency is influenced by several factors such as parents' economic problems, low education levels, arranged marriage culture leading to early marriage, parents' culture of indebtedness to their helpers, engagement customs conducted simultaneously with unregistered (sirri) marriage ceremonies, parents' concerns about their daughters being stigmatized as unmarriageable, pregnancy outside marriage, and misinterpretation of religious teachings. Second, Jember Regency Government's efforts to reduce early marriage rates through Circular Letter Number 474/196/35.09.317/2024 concerning dispensation application services. Third, from the perspective of legal effectiveness theory, the Jember Regency government's efforts to reduce early marriage rates have not been effective because the Jember Regency government only issues a Regent's Circular Letter regulating administrative requirements for marriage dispensation applications, which has a weak legal position and is easily circumvented by the community.
The Legal Validity of Mediation in Marriage Annulment Cases Without the Respondent’s Presence Under Supreme Court Regulation No. 1 of 2016 Basri, Jelyna; Saepullah, Usep; Yuniardi, Harry
Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i3.18261

Abstract

This study examines the legal validity of mediation in marriage annulment cases conducted without the respondent’s presence, focusing on its conformity with the provisions of Supreme Court Regulation (PERMA) No. 1 of 2016 on Court-Annexed Mediation Procedures. Employing a normative juridical research method with statutory and conceptual approaches, the analysis draws upon primary legal sources, including PERMA No. 1 of 2016, Law No. 1 of 1974 on Marriage, and the Compilation of Islamic Law (KHI), as well as relevant religious court decisions. Secondary sources consist of scholarly books, legal literature, and journal articles addressing mediation in marriage annulment and divorce cases. The findings indicate that, although marriage annulment proceedings are exempt from mandatory mediation, some religious courts still conduct mediation as a peace-seeking effort. However, declaring mediation successful in the absence of the respondent contravenes the fundamental principle of active party participation, undermines legal certainty, and potentially diminishes the protection of the rights of absent parties. The study concludes that mediation in annulment cases without the respondent’s presence lacks strong legal validity under PERMA No. 1 of 2016, and may generate procedural injustice and uncertainty in religious court practice. It recommends stricter judicial adherence to mediation procedures, particularly regarding the mandatory presence requirement when mediation is undertaken, even in exempt cases.
The Comparative Study of Child and Women’s Rights Protection After Marital Dissolution in Indonesia and Philippines Zuhdi, Syaifuddin; Alaba, Ma Daphnee; Kurnianingsih, Marisa; Prakoso, Andria Luhur; Fairuzzaman, Fahmi
Sakina: Journal of Family Studies Vol 9 No 2 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i2.14981

Abstract

Abstract: Marriage dissolution through divorce or annulment often impacts the rights of children and women, necessitating strong legal protections. This study aims to compare the protection mechanisms for children's and women's rights after marital dissolution in Indonesia and the Philippines. Employing a normative-legal research method with a comparative approach, the study analyzes primary legal sources including Indonesia’s Marriage Law, Compilation of Islamic Law, Child Protection Law, and the Philippine Family Code and Constitution. The findings show that Indonesia provides two legal paths, divorce and annulment, offering a clearer framework for protecting post-marital rights, although enforcement remains inconsistent. Conversely, the Philippines, which only recognizes annulment for non-Muslims, faces challenges due to the absence of divorce, limiting access to legal remedies for women and children. Despite different legal systems, both countries prioritize the best interests of the child and uphold fundamental human rights principles. However, systemic obstacles, socio-cultural stigma, and gaps in implementation persist. The study concludes that enhancing the effectiveness of legal protections requires not only comprehensive legislation but also structural reforms to improve access to justice and empower vulnerable groups affected by marital dissolution. Abstrak Pembubaran perkawinan melalui perceraian atau pembatalan sering berdampak terhadap hak-hak anak dan perempuan, sehingga memerlukan perlindungan hukum yang kuat. Penelitian ini bertujuan membandingkan mekanisme perlindungan hak anak dan perempuan pasca pembubaran perkawinan di Indonesia dan Filipina. Dengan menggunakan metode penelitian hukum normatif dan pendekatan komparatif, studi ini menganalisis sumber hukum primer seperti Undang-Undang Perkawinan, Kompilasi Hukum Islam, Undang-Undang Perlindungan Anak di Indonesia, serta Family Code dan Konstitusi Filipina. Hasil penelitian menunjukkan bahwa Indonesia menyediakan dua jalur hukum, yaitu perceraian dan pembatalan, yang memberikan kerangka perlindungan lebih jelas, meskipun implementasinya masih menghadapi tantangan. Sebaliknya, Filipina yang hanya mengakui pembatalan bagi non-Muslim mengalami keterbatasan perlindungan akibat tiadanya mekanisme perceraian. Meskipun sistem hukum berbeda, kedua negara tetap mengutamakan kepentingan terbaik anak dan prinsip-prinsip hak asasi manusia. Namun demikian, hambatan sistemik, stigma sosial budaya, dan kesenjangan implementasi masih menjadi tantangan besar. Penelitian ini menyimpulkan bahwa untuk memperkuat perlindungan hukum, diperlukan tidak hanya legislasi yang komprehensif, tetapi juga reformasi struktural untuk meningkatkan akses keadilan dan memberdayakan kelompok rentan yang terdampak pembubaran perkawinan.
Reconciling Surrogacy with Islamic Ethics: Maqāṣid al-Sharīʿa, Ijtihad, and Contemporary Legal Debates Fadhilah, Nur; Musonnif, Ahmad; Alamsyah, Muhammad Nurravi
Sakina: Journal of Family Studies Vol 9 No 2 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i2.15157

Abstract

This study examines the diverse interpretations of Islamic jurisprudence on surrogacy, focusing on the contrasting approaches between Sunni and Shia scholars. While Sunni scholars predominantly prohibit surrogacy, citing concerns over lineage integrity, marital sanctity, and ethical risks, Shia jurisprudence, particularly in Iran, allows surrogacy under strict regulatory conditions. The study employs a qualitative legal methodology, incorporating Islamic legal texts, fatwas, national legislation, and comparative legal analysis to evaluate how different Islamic traditions approach surrogacy regulation. The findings reveal that Islamic legal thought on surrogacy remains deeply divided. Sunni-majority countries such as Saudi Arabia, Indonesia, and Pakistan uphold stringent bans on surrogacy, emphasizing the need to maintain clear parental lineage. Conversely, Iran’s legal framework permits surrogacy, integrating maqāṣid al-sharīʿa (higher objectives of Islamic law) to justify its permissibility under ethical guidelines. The study also explores bioethical concerns surrounding the commodification of childbirth and the exploitation of surrogate mothers, emphasizing the necessity of ethical oversight in surrogacy arrangements. The research underscores the importance of developing harmonized legal frameworks that balance Islamic ethical principles with contemporary reproductive needs. Greater interdisciplinary collaboration between Islamic scholars, legal practitioners, and medical experts is crucial for ensuring that surrogacy regulations in Muslim-majority countries are both ethically sound and legally coherent. Future studies should investigate cross-cultural experiences of Muslim couples engaging in surrogacy, regulatory best practices, and the impact of surrogacy laws on family dynamics in Islamic contexts.
Challenges and Opportunities for Women Fishermen in Pamekasan: Gender Aspects in Family Resource Management Aini, Qurrotul
Sakina: Journal of Family Studies Vol 9 No 2 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i2.15530

Abstract

This study aims to analyze the role of women fishermen in Pamekasan in managing family resources and the challenges they face in carrying out these roles. This study uses a qualitative method with in-depth interviews with women fishermen in Pamekasan who were selected purposively and analyzed using a gender analysis approach developed by Caroline O.N. Moser, which divides women's roles into three dimensions: productive, reproductive, and socio-community. The results of the study indicate that women fishermen play a significant role in managing family resources. In the productive dimension, they are involved in managing marine catches and side businesses, such as making salted fish or fish crackers. In the reproductive dimension, despite the large domestic burden, they are able to integrate household tasks with economic activities, maintaining family harmony. In the socio-community dimension, although more supportive, their involvement strengthens the solidarity of the fishing community. However, major challenges related to gender inequality hinder their dual roles. Women fishermen are often hampered by a lack of access to capital, training, and technology that increases business capacity. The heavy burden of domestic work limits the time and energy to develop economic capacity. Inequality in the division of domestic tasks worsens their emotional and mental well-being. On the socio-community side, despite their activeness, women are often isolated from wider social networks, with their social roles under-recognized. This study suggests more comprehensive empowerment measures to address these inequalities, including access to capital, training, and wider social networks.
When Justice Overrides Procedure: Unpacking the Reluctance to Apply SEMA No. 3 of 2023 in Verstek Divorce Cases Mutsaniyah, Maghfirotul; Alyaa, Nurul Syazana
Sakina: Journal of Family Studies Vol 9 No 2 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i2.15543

Abstract

This study investigates the non-application of Supreme Court Circular (SEMA) No. 3 of 2023 in verstek (default) divorce decisions at the Jember Religious Court, highlighting the underlying judicial reasoning and its implications for legal uniformity. While SEMA No. 3 of 2023 was introduced to guide judicial practice—particularly in ensuring procedural fairness in divorce cases—this research reveals that it is not consistently used as a reference in verstek rulings. Through qualitative analysis, including interviews with judges and examination of court decisions, the study finds that the judges prioritize the specific circumstances of each case, often relying more heavily on the legal facts revealed during the trial and on considerations of maṣlaḥah (public interest or welfare). Judges argue that rigid adherence to procedural guidelines may, in certain contexts, lead to greater injustice, particularly when it delays the legal resolution for aggrieved parties. The study further identifies a pattern of legal disparity resulting from differing interpretations and applications of SEMA provisions. This inconsistency not only contributes to uncertainty in legal outcomes but also poses a risk to public trust in the judiciary. The paper argues that to enhance legal certainty and consistency, the principles embedded in SEMA No. 3 of 2023 should be codified into binding legislation. Moreover, it recommends a re-evaluation of the normative and authoritative status of Supreme Court Circulars within Indonesia’s judicial framework. This research contributes to the broader discourse on judicial discretion, procedural justice, and the balance between legal formalism and substantive fairness in Islamic family law adjudication.
Negotiating Children’s Identity and Rights in Minangkabau–Javanese Interethnic Marriages: Insights from Customary Leaders in Lubuk Kilangan Dransis Muda, Hilman Alfarizi
Sakina: Journal of Family Studies Vol 9 No 4 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i4.17199

Abstract

This research examines the position of children from mixed marriages between Minangkabau and Javanese ethnicities in Lubuk Kilangan Sub-district, Padang City, based on the viewpoint of customary stakeholders. Problems arise due to differences in kinship systems: Minangkabau adheres to a matrilineal system, while Java is bilateral. This difference affects children's identity, inheritance rights and involvement in adat. The method used is qualitative ethnography with a participatory observation approach, in-depth interviews with traditional leaders, and document studies. The results show that maternal lineage is the main factor in determining the position of children. Children of Minangkabau mothers are traditionally recognized, have rights to high pusako, and are involved in traditional activities. In contrast, children of Javanese mothers are considered “nan indak basuku” (not tribal) and do not have customary inheritance rights, even though the father is Minang. The status of the child is determined through customary deliberation by the customary leader. However, the division of property from the family business can be done based on the principles of Islamic law. The research reveals the tension between inclusive national legal principles and strict customary rules, as well as the family's efforts to adjust to customary forms of exclusion. The research recommends adjustments to civil registration policies, improved cross-cultural communication and an evaluation of the role of customary stakeholders to ensure children's rights in a multicultural society.
Muhammadiyah Community and Pluralism of Legal Inheritance: The Harmonization on Wealth Distribution of Javanese People Zuhdi, Syaifuddin; Dimyati, Khudzaifah; Astuti, Widi; Hakim, Abdul; Niami, Mutimatun; Saputro, Muhammad Andi
Sakina: Journal of Family Studies Vol 9 No 4 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i4.19025

Abstract

This study is expected to provide new contributions to the study of inheritance law, especially by highlighting how Muhammadiyah members respond to legal pluralism in Indonesia. This study can help explain how this modernist Islamic organization negotiates the inheritance law amidst the diversity of legal systems in force in Indonesia. This research used the non-doctrinal research method. The harmonization of inheritance wealth division in the Javanese society, especially in Jatinom, which is mostly affiliated with the Muhammadiyah organization, reflects an integration between local wisdom and religious teachings based on the maslahah principle. The wealth division before or after the decedent’s death aims to maintain family welfare, prevent conflicts, as well as guarantee the fulfilment of heirs’ rights. This practice is not only valid according to the Sharia but is also just and flexible, as it is adapted to the actual needs of the family. This is to create a harmony that pays attention to the family’s worldly and spiritual needs.
Repositioning Wives’ Roles in Urban Households: Social Support, Dual Burdens, and the Negotiation of Family Resilience Sagita, Insharie Amarylis; Maulidia, Rohmah; Santoso, Lukman
Sakina: Journal of Family Studies Vol 9 No 4 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i4.19644

Abstract

The changing times have brought significant changes to the role of women in the family and society, where increased access to education and gender equality have encouraged women's contribution to the workforce and family economic welfare. However, the dual roles carried out by career women often result in a double burden due to the demands of the public and domestic spheres, making family resilience an important issue that needs to be further researched. This study aims to explore the social support received by wives as career women for family resilience, as well as strategies for negotiating role sharing in social institutions at the family level. This study uses a qualitative field approach with ethnographic techniques, in which the researcher conducts participatory observation and in-depth interviews with informants. The theories used are legal anthropology theory, role theory, power theory, and family resilience theory. The results show that wives as career women receive social support from the public sphere, such as coworkers and workplace policies, as well as from the domestic sphere, such as their immediate family and parents. This support includes help with housework, childcare, and fulfilling the wife's needs, which are very important in maintaining a balance between dual roles. The division of roles within the family is influenced by the length of marriage, number of children, working hours, and place of residence. Effective role negotiation strategies include open communication, agreement, task flexibility, family deliberation, and mutual respect. The success of maintaining family resilience is largely determined by the ability to adapt and negotiate roles, which is influenced not only by practical needs, but also by the dynamics of power, cultural values, economics, and legal frameworks that complement each other.

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