Zlarin, Denesya (2026) Analisis Yuridis Hak Waris Anak Setelah Perceraian Berdasarkan Instruksi Presiden Nomor 1 Tahun 1991 Tentang Kompilasi Hukum Islam Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

he divorce rate in Indonesia continues to rise, with 446,359 cases recorded in 2024 according to the Religious Court Authority (Badilag). This phenomenon gives rise to complex legal issues, one of which concerns children's inheritance rights following divorce. Under Article 171 letter c of the Compilation of Islamic Law (KHI) as stipulated in Presidential Instruction Number 1 of 1991, divorce does not sever the blood relationship between a child and their parents, meaning the child retains their legal status as a rightful heir. In this research, there are several formulation of legal problems, namely as follows. First, how is Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law applied in determining children's inheritance rights after divorce at the Pekanbaru Religious Court? Second, what are the inhibiting and supporting factors in implementing children's inheritance rights after divorce based on Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law at the Pekanbaru Religious Court? In this research, the author employs sociological legal research that is descriptive and qualitative in nature, using a juridical-sociological approach. The data and data sources utilized by the author include observation, interviews, and documentation techniques. Meanwhile, the method of drawing conclusions employed in this research is the deductive method, which involves deriving specific conclusions from general observations or data obtained. The findings and discussion of this research are as follows. First, regarding the application of Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law at the Pekanbaru Religious Court, it is found that the court consistently applies the KHI as substantive law and considers each case on a case-by-case basis. Second, the inhibiting factors in implementing children's inheritance rights under Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law include low public legal awareness, unregistered marriages, dualism in the inheritance legal system, and the complexity of cases. The supporting factors, meanwhile, include the existence of the KHI as a systematic legal standard, judicial competence, the mediation mechanism under Supreme Court Regulation (PERMA) Number 1 of 2016, and the growing public awareness to pursue formal legal channels.

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