Indonesian Family Law: Rules on and Practices of Marital Affairs and Parents-Children Relationship

Nurlaelawati, Euis (2014) Indonesian Family Law: Rules on and Practices of Marital Affairs and Parents-Children Relationship. Nihon Kajo, Vol.11 (719). pp. 1-35. ISSN 0912-1579

Archive Euis - Indonesian Family Law_Nihon Kajo 2016.pdf - Other Restricted to Registered users only Download (13MB)

Abstract

In Indonesia family law is one of the fields of law that received significant attention from the government. Since Muslims are the majority of the population in Indonesia, family law applied has been adopted mostly from Islamic (family) law. Accommodating a number of local practices, state interest, and Islamic legal doctrines, Indonesian government govern familial issues by issuing a number of laws. To understand family law in Indonesia, we should refer to what is so-called Kompilasi Hukum Islam, henceforth called kompilasi, and the Law of Marriage No, 1/1974. The kompilasi is a legal reference provided for judges of Islamic courts and Muslims in general, while the Law of Marriage applies to all citizens of Indonesia and is therefore to be referred to by judges of both Islamic court and civil court.

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