Politik Hukum dan Kodifikasi Hukum Keluarga Islam: Analisis Normatif atas Bimbingan Perkawinan Berbasis Hybrid Learning

Abstract

This article analyzes hybrid learning-based marriage guidance (bimbingan perkawinan) as an instrument of Islamic family law reform in Indonesia from the perspectives of legal politics and codification. Using normative legal research with statutory and conceptual approaches, it examines Law No. 1 of 1974 as amended by Law No. 16 of 2019, the Compilation of Islamic Law, Minister of Religious Affairs Regulation No. 30 of 2024, Decree of the Director General of Islamic Community Guidance No. 189 of 2021 as amended by Decree No. 172 of 2022, and Circular Letter No. 2 of 2024. The legal materials were analyzed in five stages: identifying relevant regulations and concepts, examining their norms and policy objectives, comparing codification-based standardization with the flexibility of hybrid delivery, assessing conformity with explicitly defined maqāṣid al-syarī‘ah criteria, and drawing conclusions. The study finds, first, that the state’s legal politics positions marriage guidance as a preventive policy instrument regulated mainly through ministerial and administrative regulations, which makes it adaptable but limits its binding force and leads to uneven implementation. Second, codified norms on the purpose of marriage, the minimum marriage age, and spousal rights and obligations constitute the normative substance of guidance materials, while the national module functions as a derivative standardization of those norms. Third, existing regulations permit classical, independent, and virtual methods but do not regulate their combination or minimum quality standards, so hybrid learning is legally permissible but under-regulated. The article contributes an analytical framework linking codification to the design of marriage guidance services and recommends minimum standards for hybrid guidance. Its findings are limited to normative analysis and require empirical testing.