This book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses questions which not only enhance our understanding of how Islamic courts in Indonesia work, but also of how Islamic courts through their everyday adjudication processes have the potential to transform societal norms based in national family law, Islamic law and customary law. What is the history of the Islamic courts in both districts and what are its consequences for their position in the local community? What role do the Islamic courts play in protecting women’s divorce rights? How do they perform with regard to spousal support, child support and marital property and why? How do the Islamic courts treat women’s and men’s claims? How has Indonesian family law for Muslims developed and what is the role of the Islamic courts in this development? How are Islamic courts positioned in Indonesia’s nation-building project? This book attempts to provide answers to those questions by exploring the Islamic courts’ institutional history in both districts, the development of the substantive law they apply, and the socio-cultural and economic aspects of divorce.

Islamic courts and women"s divorce rights in Indonesia

This study aims to explore the values of character education in the resistance of Radin Inten II against the Dutch colonization. The method used is the historical method with heuristic steps, criticism, interpretation, and historiography. The data collection techniques used is library research. The results of the research are described briefly related to the biography and resistance of Radin Inten II as a local figure who fought against the Dutch colonization. The values of character education contained in this material are hard work, love for the country, a national spirit, communicative competence, and responsibility. These character values can be actualized by teachers to students in a local history learning process that is integrated with Indonesian history subject matter in high schools. It is expected that students can emulate the figure of a local figure named Radin Inten II, especially for those who live in Lampung area.

Character Education Values of Radin Inten II’s Against The Dutch Colonization For Learning Local History

Ketertiban hukum dapat diraih dengan mandirinya kekuasaan peradilan dan kemandirian bisa berjalan asalkan posisi hakim bebas. Tulisan ini ingin katakan bahwa peradilan dapat berjalan baik asalkan dapat mengatasi beberapa faktor penghambat yang nyatanya cukup kompleks.

/pdf/sistem-peradilan-di-indonesia-2609yqq85p.pdf

Sistem Peradilan di Indonesia

Kuntara Raja Niti is a custom book that became a reference for the customs of Lampung. mentioned in this manuscript that Kuntara Raja Niti is the book of the law in force in three regions, namely Majapahit, Padjadjaran, and Lampung. This book contains various clues to life for supporters of Lampung culture. Islam was entered to Lampung around the 15th century through the three main doors. From the three entrances of Islam, the most influential over the southbound lanes. The symbols of Islamic teachings in the Book of Kuntara Raja Niti is containing moral norms rooted in the teachings of Islam. Lampung sociaty have the nature piil-pusanggiri, juluk-adok, nemui-nyimah, nengahnyampur, sakai-sambaian. Wedding ceremonies, funerals, estate division, Bucokokh (Shave/Akikah), and circumcision ceremonies. all these qualities are the foundation of Islam.

/pdf/kitab-kuntara-raja-niti-study-of-the-entry-of-islam-in-rntha1092t.pdf

KITAB KUNTARA RAJA NITI Study of the Entry of Islam in Lampung

Objective: This study aimed to show the causes of post-divorce violations of women's rights and the implications of religious court decisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to sometimes file for legal divorce from their husbands. However, religious court decisions on divorce have violated women's rights, both the right to maintenance and mut'ah. 
  
Theoretical Framework: Divorce and its settlement in religious courts in Indonesia have problems that sometimes disadvantage women. 
  
Method: The research was conducted with a qualitative approach, this is based on the data studied which are facts and documents related to religious courts on divorce. This study used two data collection methods, namely documentation of Religious Court decisions through directories and interviews. 
  
Results and Conclusion: The decision was confirmed to informants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on divorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court decision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legislative review of several articles in Law on Marriage for the reformulation of Islamic Family Law in Indonesia. 
  
Research Implications: The results of the study have implications for changes in religious court decisions on divorce, so that they are no longer detrimental to divorced wives. 
  
Originality/value: Changes in the religious court system towards the problem of divorce are urgently needed, the fulfillment of the rights of wives who are victims of divorce must be the main aspect to be considered by judges.

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Abstrak Aborsi adalah salah satu isu klasik yang selalu menarik diperdebatkan. Usia perdebatan mengenai aborsi sudah setua usia kehidupan manusia. Polarisasi dari perbedaan pandangan ini adalah pembelaan secara ekstrem terhadap hak hidup janin atau pembelaan terhadap kepentingan perempuan yang mengandung. Aborsi karena kehamilan yang tak dikehendaki adalah isu yang kembali mengemuka. Paper ini akan membincang aborsi akibat KTD tidak semata-mata pada perspektif hukum, namun juga pada ranah politik, dan sosial budaya masyarakat. Pendayagunaan perspektif yang beragam diharapkan tidak bermuara pada justifikasi secara sepihak, mengingat kompleksitas yang melingkupi persoalan aborsi. Persoalan hukum, pendidikan, politik, sosial, dan budaya digerakkan untuk dapat meminimalisir adanya kehamilan yang tak diinginkan dan dapat mengurangi angka aborsi dan untuk lebih jauh dapat mengurangi angka kematian ibu dan anak dalam proses persalinan. Kata Kunci : Aborsi, Kehamilan tak diinginkan (KTD), Pendidikan Seks dan Kesehatan Reproduksi (PSKR)

/pdf/aborsi-akibat-kehamilan-yang-tak-diinginkan-ktd-kontestasi-6varzaa2hz.pdf

ABORSI AKIBAT KEHAMILAN YANG TAK DIINGINKAN (KTD): Kontestasi Antara Pro-Live dan Pro-Choice

Rising divorce rates have increased the need for third parties’ involvement in seeking justice. This study explores village officials’ involvement as justice brokers in divorce proceedings and thei...

https://www.tandfonline.com/doi/pdf/10.1080/23311886.2021.1966208

Justice brokers: Women’s experiences with injustice and dependence in the divorce process

Lampung is the pepper-producing areas that had been under seizing of kingdoms of the surrunding since long time. The arrival of Islam in Lampung, in a lot of analysis, is also closely related to its existence as the pepper-producing area. When the Port of XVI-XVII centuries Banten grown into an international center for trade with commodities and spices, especially pepper, then for the supply of the pepper, it later expanded into a number of pepper-producing regions, including Lampung. A number of policies applied to pepper-producing regions, including tying a number of rules in the population with a charter granted to the representative retainer of Banten in the area, one of them in the context of Lampung is the Charter Dalung Bojong which is the object study of this article. Using archeological history approach, the present author attempted to uncover the elements contained in the inscription as historical sources that provide information about the events of political, bureaucratic, religious, and the life of the community in the past. It is revealed that the charter issued in 1102 H/1691 M by Sultan Abul Mahasin Muhammad Zainul Abidin (1690-1733 AD) contains regulations of forced cultivation of pepper, the pepper trading regulations, and also contains civil and criminal laws. On the other hand, this inscription also reveals a pattern of Jakarta-Lampung relationship in the seventeenth century: in terms of political, economic, social and cultural rights.

/pdf/jejak-kesultanan-banten-di-lampung-abad-xvii-analisis-45ho9lzyzr.pdf

Jejak Kesultanan Banten Di Lampung Abad XVII (Analisis Prasasti Dalung Bojong)

This article examines the form of guaranteeing the protection of women's and children's rights after divorce by implementing an application called E-Mosi Caper, namely Electronic Monitoring of the Execution of Financing the Rights of Women and Children after Divorce which is implemented at the Bengkulu Religious Court as a follow-up to the memorandum of agreement between the Religious Courts. Bengkulu with the Bengkulu Bank and the Bengkulu City Government because the ex-husband did not voluntarily implement the decision of the Bengkulu Religious Court regarding these rights, while the ex-wife, due to several obstacles, did not submit an attempt to execute the rights regarding herself and her children. This paper uses a mixed method with a normative juridical and empirical juridical approach. The object of this research is the decision of the Bengkulu Religious Court which has permanent legal force. The primary data sources for this research are the litigants and Bengkulu Religious Court officials. Data collection techniques through observation, interviews and documentation. Inductive data analysis using Maqashid as-Shari'ah theory. The results of the analysis include cases that were decided in 2013, one of the cases was divorce divorce by a husband who worked as an ASN in Bengkulu Province, the ex-wife used this application in February 2023, the result was that as of April 2023, the ex-husband's account was debited in the amount of Rp. 1,000,000/month for his children through his ex-wife's account. The E Mosi Caper application implemented by the Bengkulu Religious Court is an effort to provide excellent service to justice seekers.Keyword: Protection, Rights of Women and Children, Interconnection System.

Interconnection of the Caper E-Motion System as a Guarantee of Protection of Women's and Children's Rights After Divorce in the Religious Courts of Bengkulu, Indonesia

Child marriage is a social phenomenon that is common in all places. This kind of marriage is like an iceberg phenomenon that appears a little on the surface, is rarely disclosed, but is commonly practiced in the wider community. Child marriage has become one of the most controversial issues in Islamic family law. Some scholars approve of the practice without disapproval while others do not. The substance of Islamic law is to create a better life for society today and in the future. If it is found that child marriage in contemporary society has caused many negative impacts, then this matter must be legally rejected.

Early Marriage In Indonesia Islamic Family Law Perspective

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