STRENGTHENING FAMILY RESILIENCE THROUGH FAMILY LAW REFORM: LESSONS FROM DIVORCE CASES DURING THE COVID-19 PANDEMIC IN INDONESIA

Abstract

The COVID-19 pandemic significantly affected family life worldwide, leading to an increase in marital conflicts and divorce cases. Indonesia experienced a substantial rise in divorce petitions, particularly those associated with economic hardship, prolonged domestic conflicts, unemployment, domestic violence, and psychological stress. This study examines how divorce cases during the COVID-19 pandemic reveal structural weaknesses in Indonesian family law and explores the need for legal reform to strengthen family resilience. Employing a qualitative socio-legal approach, the research analyzes divorce decisions issued by Religious Courts in West Java between 2019 and 2021, supported by statutory analysis and literature review. The findings demonstrate that existing family law regulations primarily function as dispute-resolution mechanisms after family breakdown rather than preventive instruments for preserving marriage. Most judicial decisions emphasize legal certainty regarding divorce while providing limited attention to family mediation, psychological recovery, digital family counseling, and socioeconomic intervention. This paper argues that Indonesian family law requires a paradigm shift from reactive adjudication toward preventive family resilience policies. Such reforms should integrate mandatory family mediation, digital counseling services, economic protection mechanisms, and collaborative support among courts, religious institutions, and social welfare agencies. These reforms are consistent with the objectives of maqāṣid al-sharī'ah, particularly the protection of family (ḥifẓ al-nasl), human dignity, and social welfare. The study contributes to the discourse on sustainable family governance by proposing a more adaptive legal framework capable of responding to future social crises.