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All Journal AL-MUQARANAH-Jurnal Program Studi Perbandingan Mazhab Journal Equity of Law and Governance
Siti Nurheliza
Universitas Islam Negeri Sumatera Utara
Education Law, Crime, Criminology & Criminal Justice

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Legal Review of Parents in Facilitating Children Playing Jaran Kepang in View of Islamic Law and Law Number 35 of 2014 concerning Child Protection (Case Study of Sei Rotan Village, Percut Sei Tuan District, Deli Serdang Regency) Siti Nurheliza; Iwan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.2.10091.271-278

Abstract

This study aims to understand the portrayal of the Jaran Kepang game and the perspectives of Islamic law and positive law on parents who facilitate their children playing Jaran Kepang in Sei Rotan Village. The research method employed is empirical research, which examines applicable legal provisions and the realities in Sei Rotan Village, Percut Sei Tuan Subdistrict, Deli Serdang Regency. The primary data for this research consists of observations and interviews with children who play Jaran Kepang, parents of Jaran Kepang players, the community of Sei Rotan Village, Jaran Kepang experts, and leaders/members of the Indonesian Ulema Council (MUI) North Sumatra. Secondary data sources include primary legal materials such as Law Number 35 of 2014 concerning Child Protection, and secondary legal materials obtained from literature review comprising books, journals, articles, internet searches, and research findings. The results indicate that some parents in Sei Rotan Village facilitate their children playing Jaran Kepang, as evidenced by interviews with the community and observations. The legal consequences for parents facilitating their children playing Jaran Kepang, according to Islamic law, are considered haram due to the game's association with polytheism. Under Law Number 35 of 2014 concerning Child Protection, the legal consequence is the potential revocation of custody rights for parents who facilitate their children playing Jaran Kepang.
CHILD PROTECTION IN CUSTODY (HADHANAH) FOLLOWING PARENTAL DIVORCE Siti Nurheliza; Faisar Ananda
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 2 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

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Abstract

Divorce often raises various issues that impact the fulfillment of children's rights, particularly regarding care, maintenance, and legal protection. This study aims to analyze the concept of hadhanah in Islamic law, parental responsibilities towards children after divorce, and the legal consequences for parents who fail to fulfill their obligations. The method used is normative legal research with a statutory and conceptual approach. The research data was obtained through a literature review covering primary and secondary legal materials. The results indicate that hadhanah is an obligation to care for, educate, and protect children for the sake of their well-being. Divorce does not eliminate parental responsibility towards children, either in the form of care or provision. Islamic law and Indonesian positive law both place the best interests of the child as the primary basis for determining custody. Parents who neglect their obligations towards their children may be subject to legal consequences in accordance with applicable regulations. Child protection after divorce requires commitment and responsibility from both parents to ensure the optimal fulfillment of children's rights.
Co-Authors Faisar Ananda Iwan