Pro Justicia: Jurnal Hukum dan Sosial

Hak dan Kewajiban Suami Istri dalam Bersosial Media Perspektif Hukum Islam dan Feminisme

Arya Deny Widiyanto, Firdaus Jauhar Wicaksono — Wed, 31 Dec 2025 10:13:39 +0000

The rights and obligations of husbands and wive’s particularly in relation to social media use can significantly affect household harmony. Poorly managed social media activity may trigger marital tension and even lead to infidelity, which undermines commitment within the family. This study aims to analyze the concepts of mubādalah and androgyny in the distribution of rights and obligations between spouses, as well as to address emerging challenges faced by married couples in the social media era. This research a qualitative method with a library research approach. The data sources include Faqihuddin Abdul Kodir Qira’ah Mubādalah, journals, books, and other relevant articles. The study examines how these two concepts function as ethical and practical frameworks for responding to domestic issues in the age of social media. The concept of mubādalah emphasizes mutuality, partnership, and gender justice in marital relations, while androgyny offers adaptive role flexibility, enabling spouses to move beyond rigid gender based role divisions. The integration of these concepts affirms that the rights and responsibilities of husbands and wive’s should be understood as shared duties that can be negotiated through deliberation and mutual trust.

The Ratio Decidendi of the Religious Court Judge in Ponorogo in Determining Nafkah Iddah and Mut'ah from the Perspective of Fath al-Dzari'ah.

LILIA PRASASTI — Wed, 31 Dec 2025 10:21:18 +0000

The ratio decidendi of Religious Court judges in divorce cases represents the reasoning behind a court decision and forms part of the judgment delivered at the conclusion of a case. Through fact analysis, judges apply relevant legal principles or norms and render decisions on divorce cases. This study adopts a qualitative approach with an empirical research type, based on primary and secondary data sources. Data collection was conducted by analyzing judicial verdicts, as well as interviews with judges, court clerks, and the public relations staff of the Ponorogo Religious Court. The data analysis techniques included data presentation, data reduction, and data verification. The research findings indicate factors influencing the ratio decidendi of Religious Court judges in divorce cases caused by adultery, as the basis for determining mut'ah and iddah maintenance, include the husband's goodwill, relevant laws, such as Supreme Court Regulations (Perma) and Circular Letters (SEMA), and the availability of property that can be granted. And also the ratio decidendi of Religious Court judges in determining mut'ah and ‘iddah from the perspective of fathu dzari'ah can be seen from two considerations: first, the motive or purpose of the ruling and the impacts resulting from it, and second, the consequences arising from the ruling regardless of the motive or intention of the perpetrator.

Regulasi Perlindungan Anak di Ruang Digital di Indonesia : Implementasi, Tantangan, dan Peluang Implementasi

Izzatun Khusnaini, Eny Nur Aisyah — Wed, 31 Dec 2025 11:56:39 +0000

The development of digital technology has provided both opportunities and risks for children in learning, playing, and socializing in digital spaces. However, children's high exposure to the internet poses potential threats such as data misuse, cyberbullying, online exploitation, and access to age-inappropriate content. In response, the Indonesian government issued Government Regulation No. 17 of 2025 concerning the Governance of Electronic Systems for Child Protection (PP TUNAS) as a legal basis for strengthening child protection in the digital space. This research used a literature review method with a qualitative descriptive approach through a review of regulations, scientific articles, and documents from relevant international institutions. The results show that PP TUNAS provides a clear direction for protection through regulations on age verification, protection of children's personal data, and the application of the principle of safety by design on digital platforms. However, its implementation still faces challenges, particularly related to technological readiness, institutional coordination, and low digital literacy among children and parents. Therefore, the success of the regulation requires strengthening institutional capacity, multi-stakeholder collaboration, and sustainable digital literacy programs that encourage collective awareness in creating a safe digital space that supports children's growth and development.

Tinjauan Yuridis Pelanggaran Hak Perlindungan Anak: Analisis Kasus Kekerasan oleh Aparatur Dinas Perlindungan Anak

Shabrina Adilah Rafaiyah Rafaiyah, Eny Nur Aisyah — Wed, 31 Dec 2025 11:57:01 +0000

This study examines cases of violence against children committed by civil servants at the Medan City Women's Empowerment and Child Protection Agency, which raises profound contradictions because the perpetrators come from an institution whose main responsibility is to protect children. This study aims to evaluate the implementation of child protection laws and the legal and ethical accountability of state officials in relation to these incidents. The method used is a normative juridical approach through the analysis of legislation, legal principles, and scientific literature to assess the conformity between normative provisions and their implementation in practice. The findings show that although child protection regulations have been comprehensively formulated, their implementation has not been effective when violations are committed by public officials who are supposed to carry out protective functions. The perpetrator's actions not only violated criminal provisions but also contradicted the principles of integrity, professionalism, and responsibility that must be upheld by state officials. In addition, the study identifies a discrepancy between written law and law enforcement practices, as evidenced by weak internal oversight, a tendency toward reactive legal responses, and suboptimal efforts to provide redress to victims. This study concludes that strengthening child protection requires consistent law enforcement and accountability mechanisms.

Efektivitas Penegakan Hukum terhadap Kekerasan Anak di PAUD: Tinjauan Yuridis dan Upaya Pemulihan Korban

Soviana Nadia Nadia, Eny Nur Aisyah — Wed, 31 Dec 2025 12:20:48 +0000

Violence against children in Early Childhood Education (PAUD) settings remains a serious issue despite explicit regulations in the Child Protection Law and the National Education System Law. This study aims to analyze the legal norms related to child protection, assess the effectiveness of their implementation in PAUD institutions, and formulate recommendations to strengthen child protection efforts. Using a normative juridical research method through literature review of legislation, scholarly journals, and case reports, the study finds that although regulations on child protection and sanctions for perpetrators are comprehensive, their implementation remains weak due to the absence of anti-violence SOPs, limited teacher competence, and inadequate reporting mechanisms in PAUD settings. The study recommends the development of child protection guidelines in every PAUD institution, capacity-building for teachers through violence-prevention training, and the strengthening of recovery services and psychological support for child victims as essential efforts to create a safe educational environment.