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All Journal Fastabiq: Jurnal Studi Islam Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
Jaya, Indra Budi
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice

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PELAKSANAAN HAK ASUH BERSAMA TERHADAP ANAK DI BAWAH UMUR : ANALISIS NORMA HUKUM Meliani, Meliani; Jaya, Indra Budi
FASTABIQ: JURNAL STUDI ISLAM Vol 3, No 1 (2022): FASTABIQ: Jurnal Studi Islam
Publisher : Fakultas Agama Islam Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47281/fas.v3i1.87

Abstract

Regarding child custody after divorce, Indonesia adheres to a sole custody system with reference to the Compilation of Islamic Law. However, in recent years the Religious Courts have implemented a shared custody system which refers to the Marriage Law and the Child Protection Act as considerations by taking into account the best interests of the child. This paper tries to examine comparatively the legal basis governing joint custody rights for minors. The method used in this research is a qualitative research with a normative juridical approach which is described in an analytical descriptive manner. In this paper, the hierarchical theory of laws and regulations is used, namely the laws and regulations set by the state, so the lower provisions must not conflict with the higher provisions. The results of this study indicate that the concepts used in the implementation of the joint custody system in Indonesia are the concept of physical custody division and the concept of legal custody sharing, with the pattern of distribution of residence time determined by the judge in the Court without prejudice to the value of the best interests of the child. This is a form of transformation of childcare laws that were previously applicable in Indonesia. After a comparison was made on the legal norms governing joint custody of minors, it was found that every statutory regulation governing child custody places legal subjects differently so that it has implications for their legal position. keyword: children, legal custody, Sharing custody system
Aktivisme Digital dan Demokrasi di Indonesia: Menegakkan Hak-Hak Konstitusional Warga Negara Dalam Kontitusionalisme Digital Jaya, Indra Budi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.153

Abstract

The development of digital technology has shifted people's mindsets and brought about significant changes in democratic practices in Indonesia. Public activity spaces are now no longer limited to conventional spaces, but rather digital spaces, which have become new arenas for every citizen to freely express opinions, conduct oversight, and disseminate information as part of their digital rights. However, the discourse on democracy in the digital era raises serious challenges to the enforcement and protection of constitutional rights, which have subsequently transformed into digital constitutionalism. The background to this problem encourages the importance of discussing digital activism and its relevance to digital democracy, as well as how the government upholds citizens' constitutional rights within the framework of digital constitutionalism in Indonesia. The problem formulation in this paper is: First, How is digital activism and digital democracy in Indonesia? Second, the digital constitutional framework and its implementation on citizens' rights in Indonesia. The analytical method used in this study is normative juridical research with a conceptual approach and a statutory approach. The results of the analysis show that digital activism has become a new space for political participation and public control that creates a digital society (digital citizenship). However, digital activism should not be reduced to mere techno-determinism, considering the shadow of pseudo-participation often follows digital activism. The digital constitutional framework actually starts from constitutional rights guaranteed through the Constitution and other implementing regulations. Adaptation of technological applications has shifted the concept of human rights to be broader, such as the right to data privacy, the right to express oneself on the Internet, and the right to obtain information.
Co-Authors Meliani, Meliani