EFEKTIVITAS PENGUATAN MODERASI BERAGAMA MELALUI PROGRAM BIMBINGAN PERKAWINAN: STUDI SOCIO-LEGAL IMPLEMENTASI PERPRES NOMOR 58 TAHUN 2023 DI KUA KOTA BANDA ACEH

Abstract

This study analyzes the effectiveness of the implementation of Presidential Regulation No. 58 of 2023 on Strengthening Religious Moderation through the Marriage Guidance Program for Prospective Brides and Grooms at the Office of Religious Affairs (KUA) in Banda Aceh. This empirical legal study employs a socio-legal framework by integrating statutory, conceptual, legal philosophy, and Islamic legal philosophy approaches. Data were collected through in-depth interviews, observation, and documentation at the KUA offices of Baiturrahman, Lueng Bata, and Kuta Alam Districts. The analysis is based on Soerjono Soekanto’s theory of legal effectiveness, which comprises legal, law enforcement, facilities, community, and cultural factors, and is further enriched by perspectives from legal philosophy and maqāṣid al-syarī‘ah. The findings show that Presidential Regulation No. 58 of 2023 has provided normative legitimacy for strengthening religious moderation through Marriage Guidance, yet moderation indicators have not been fully translated into standards for instructional content, facilitator competence, learning methods, and program evaluation. Values of justice, balance, deliberation, compassion, mutual respect between spouses, and nonviolence have been implicitly integrated into materials on communication, rights and obligations, and conflict management. The policy implementation is effective at the normative and institutional levels, moderately effective at the pedagogical and social acceptance levels, but cannot yet be considered substantively effective because post-program evaluation and measurement of changes in couples’ behavior are still absent. The novelty of this study lies in developing an analytical framework for assessing the effectiveness of religious moderation implementation by integrating legal effectiveness theory, legal philosophy, and maqāṣid al-syarī‘ah as an evaluative framework for the Marriage Guidance Program. This study recommends standardizing family moderation indicators, strengthening facilitator competence, developing case-based learning, and establishing structured post-marital mentoring and evaluation.