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Thursday, 25 June 2026 11:12:00 WIB

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ISLaMS Holds Book Discussion on the Fulfilment of Children's Rights in Norms and Practice at Religious Courts, Advocates for Stronger Post-Divorce Child Protection

The Institute for the Study of Law and Muslim Society (ISLaMS), in collaboration with the Faculty of Sharia and Law (Fakultas Syariah dan Hukum/FSH) of UIN Sunan Kalijaga Yogyakarta, the UIN Sunan Kalijaga branch of Dharma Wanita Persatuan (DWP), and Fatayat NU of the Special Region of Yogyakarta, held a Book Discussion on "Pemenuhan Hak Anak dalam Norma dan Praktik di Pengadilan Agama: Upaya Memperkuat Perlindungan dalam Perspektif Kesejahteraan Finansial" (The Fulfilment of Children's Rights in Norms and Practice at Religious Courts: Efforts to Strengthen Protection from a Financial Welfare Perspective). The event took place at the Technoclass Room of FSH UIN Sunan Kalijaga on 24 June 2026.

The event was organized as part of the dissemination of ISLaMS's second-year research findings from 2025, within the framework of a three-year research project supported by the Norwegian Centre for Human Rights at the University of Oslo. The book resulting from this second year of research was launched and discussed in January 2026, with the participation of a number of Religious Court judges from the Yogyakarta region and surrounding areas, university leadership of UIN Sunan Kalijaga, heads of research institutions, and representatives of organizations and bodies concerned with child rights issues. Coinciding with a visit by the NCHR team and the publication of an English-language edition of the book, ISLaMS organized this follow-up discussion and outreach session.

In addition to the Oslo team, Professor Nelly and Dr. Lena, the event was also attended by a distinguished guest: Indah Nuria Savitri, Director of the Human Rights Department at the Ministry of Foreign Affairs of the Republic of Indonesia. Participants included members and executives of Dharma Wanita Persatuan UIN Sunan Kalijaga, members and executives of Fatayat NU DIY, faculty leaders, lecturers, and students from the Master's and Doctoral program. The event opened with the singing of the national anthem Indonesia Raya, followed by remarks from Dr. Lena, Maryam Fithriati, S.S., M.Si., MSW (Chairperson of Fatayat), and Prof. Ali Sodiqin (Dean of FSH and Secretary of the ISLaMS Directorate).

In her remarks, Dr. Lena expressed appreciation for the contributions and research outcomes produced by ISLaMS.

“Congratulations and appreciation are due to ISLaMS for its research findings. In child protection, maqashid plays a role in protecting and reforming law as it relates to children as subjects. This is not only a CEDAW-based policy grounded in the Sharia framework, but also a daily practice in Indonesia that genuinely contributes to child protection,” she said.

The Chairperson of Fatayat NU DIY, Maryam, affirmed that collaboration between civil society organizations and universities is essential in strengthening advocacy for the protection of women and children.

“It is a source of pride for us to be able to collaborate with a university. We are also active on child protection issues, so this research is highly valuable as a reference in our efforts to safeguard the rights of women and children,” she said.

Meanwhile, the Dean of the Faculty of Sharia and Law at UIN Sunan Kalijaga and Secretary of the ISLaMS Directorate, Prof. Ali Sodiqin, explained that the discussion was intended to broaden the book's readership and to gather input from various stakeholders.

“This is a dissemination of the 2025 research findings on child protection. We hope to receive feedback and suggestions from all parties. We thank Fatayat, the Faculty of Sharia, and the entire committee. May this research prove widely beneficial,” he said.

Following the opening remarks, the English-language edition of the book was formally presented to the invited guests. The event then featured a special performance by the SUKA Mentari angklung ensemble of DWP UIN Sunan Kalijaga, under the guidance of Prof. Dr. Euis Nurlaelawati, M.A., which added a warm and celebratory atmosphere to the occasion.

The main session, a discussion and reflection forum, was moderated by ISLaMS Director Prof. Dr. Euis Nurlaelawati, and featured three speakers: Professor Pieternella van Doorn-Harder, Dr. Muhrisun, and Wasingatu Zakiyah, S.H., M.A. Together they offered critical perspectives on the challenges surrounding the fulfilment of children's rights following divorce and polygamy, reinforcing the findings presented in the book.

The first speaker, Prof. Dr. Nelly van Doorn-Harder, Professor of Religious Studies and Co-Director of Middle East and South Asia Studies at Wake Forest University, highlighted the issue of child maintenance, which remains a global challenge, including in Indonesia.

“In divorce cases, the majority of fathers do not provide financial support for their children. The situation is the same in the United States. In Northern Europe, the state provides interim support to cover child maintenance. In Indonesia, there is as yet no system that truly guarantees the fulfilment of children's rights when a father fails to meet his obligations,” she explained.

She also underscored the need for stronger enforcement of court rulings.

“Divorce causes trauma for children. After divorce, many fathers build new families, and child maintenance is frequently neglected. Religious Courts need to be more assertive, for instance, by introducing direct salary deduction mechanisms to ensure children's rights are met,” she added.

The second speaker, Wasingatu Zakiyah, an advocate with extensive experience in handling cases involving the rights of women and children, asserted that the core problem lies not in a lack of regulation but in weak implementation and law enforcement.

“The right to maintenance is often won in court rulings, but in practice it is difficult to enforce. Indonesia's legal framework for child maintenance is actually quite progressive on paper, but its execution remains deeply problematic,” she said.

The absence of real consequences for those who neglect their maintenance obligations, she argued, is a fundamental issue.

“The real problem is not the absence of norms, but the absence of meaningful consequences when those norms are ignored. In Surabaya, for example, there are regulations that restrict access to certain public services for those who fail to fulfil their post-divorce maintenance obligations,” she explained.

The third speaker, Dr. Muhrisun Afandi, assessed the ISLaMS research as possessing both strong academic and practical value.

“This ISLaMS research project and report is grounded in robust field data and reflection. It provides a realistic picture of child protection practices at the Religious Courts and can serve as an important reference for judges navigating the various dilemmas they face in decisions concerning children's rights,” he said.

Following the presentations, the moderator opened the floor for questions and comments from participants, with a special opportunity extended to Indah Nuria Savitri, who expressed her appreciation for the publication of the book, which she assessed as carrying relevance not only at the national but also the international level.

“This is an excellent book that has the potential to elevate the discourse on child protection to the international stage. Today I have gained many valuable insights on child protection. This book is an important reference for understanding what is truly happening to children's rights in the aftermath of divorce,” she said.

She further affirmed that child protection issues require cross-sectoral collaboration.

“This book can serve as a reference for the government in understanding the various challenges facing children after divorce and polygamy. Going forward, there is a need for collaboration involving the Ministry of Women's Empowerment and Child Protection, the House of Representatives, the Ministry of Religious Affairs, the Supreme Court, and regional governments, so that child protection can be strengthened in a systemic and comprehensive way,” she added.

Through this event, ISLaMS and its partners hope that the research findings presented in this book will serve not only as an academic contribution, but also as a catalyst for stronger child protection policies and practices in Indonesia. (fsh)