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All Journal Akses: Jurnal Penelitian dan Pengabdian Kepada Masyarakat Universitas Ngurah Rai Jurnal Penelitian Pendidikan Indonesia
I Wayan Agus Vijayantera
Universitas Mahasaraswati Denpasar
Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Other

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KEBERADAAN PERJANJIAN PENGASUHAN ANAK DALAM PROSES PERCERAIAN DI PENGADILAN SEBAGAI PERTIMBANGAN MENETAPKAN HAK ASUH ANAK I Wayan Agus Vijayantera
Jurnal AKSES Vol 11 No 2 (2019): Jurnal Akses
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (842.058 KB) | DOI: 10.47329/jurnalakses.v11i2.682

Abstract

Divorce proceedings in Court as found in Decision Number 122 / Pdt.G / 2017 / PN Dps and Decision Number 334 / Pdt.G / 2016 / PN Dps, in order to avoid child custody matters are made in the agreement letter and submitted to the Court so that it can be declared valid child care agreement letter. The purpose of writing is directed to determine the legal consequences of divorce on child custody issues and the existence of childcare agreements as a consideration in establishing child custody in the divorce proceedings in the Court. In the discussion, referring to Article 41 letter a of the Law of the Republic of Indonesia Number 1 of 1974, the parties are still obliged to care for and care for children despite a divorce. If a dispute over possession of a child occurs, then it can be resolved through the court. Regarding the childcare agreement proposed by the Plaintiff in the Case in Decision Number 122 / Pdt.G / 2017 / PN Dps and Decision Number 334 / Pdt.G / 2016 / PN Dps, childcare is not appropriate to be contained in the agreement considering that child care and care is an obligation parents. Regarding childcare if needed to be written in a written letter, it should be stated in the statement letter.
Transformation of the sanctity marriage amidst high divorce cases in Denpasar district court I Wayan Agus Vijayantera; I Gusti Bagus Hengki; I Putu Lantika Oka Permadhi
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 2 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020243805

Abstract

The Marriage Law, which fundamentally aims to make divorce difficult, when confronted with the reality of a high divorce rate in the Denpasar District Court, indicates concerns about the erosion of the sanctity of marriage. This transformation of the sanctity of marriage towards an undesirable direction is undoubtedly worrisome. Stemming from this issue, the research aims to analyze the sanctity of marriage and the role of the judicial system in preserving the sanctity of marriage by preventing and complicating divorce. This research employs empirical legal research methods. The procedures involve collecting data consisting of factual or social phenomena and legal norms. Primary data collection includes observation to gather data on divorce cases, followed by interviews with informants who are judges at the Denpasar District Court and lawyers who have litigated at the same court. Additionally, a questionnaire was administered to 29 respondents through a focus group discussion. In addition to primary data, the study also collects secondary data derived from legal regulations and related literature. The collected data is then analyzed using qualitative techniques to provide sound arguments in analyzing the research issues. The research findings indicate that the sanctity of marriage originates from its validation based on religious and cultural customs. The bitter reality of the high number of divorce cases in the Denpasar District Court suggests a decline in the understanding of marriage sanctity. To optimize marital sanctity, three solutions are proposed in this study: maximizing the role of judges at the Denpasar District Court in earnestly preventing divorce in every session, reforming mediation regulations to make them mandatory without exceptions, and fostering societal efforts to understand the importance of preserving marital sanctity.
Co-Authors I Gusti Bagus Hengki Putu Lantika Oka Permadhi