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All Journal Indonesia Law Reform Journal (ILREJ)
Wasis Suprayitno
Faculty of Law, University of Muhammadiyah Malang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Pelaksanaan Eksekusi Hak Asuh Anak Dalam Perkara Perceraian (Studi Kasus Putusan No 1618/Pdt.G/2020/PA.Smp) Laily Lukita Nilam Sari; Wasis Suprayitno; Kukuh Dwi Kurniawan
Indonesia Law Reform Journal Vol. 2 No. 2: July, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (251.841 KB) | DOI: 10.22219/ilrej.v2i2.22075

Abstract

Article 1 of Law no. 1 of 1974 states that "marriage is physically and mentally between a man and a woman as husband and wife to form a happy family and based on the Almighty God". However, many problems in the household result in divorce, which causes various problems. One of the problems that occur as a result of divorce is child custody. One example is case decision number 1618/Pdt.G/2020/PA.Smp. This study aims to determine the basic considerations related to child custody following case decision number 1618/Pdt.G/2020/PA.Smp. In addition, it also aims to determine the obstacles in executing child care (Hadhanah) in the decision of the Sumenep Religious Court Number 1618/Pdt.G/2020/PA.Smp. This research is sociological juridical research using a statute approach and a case approach. Results Based on research and discussion, it is known that the Panel of Judges, in deciding this case, used Article 105 of the Compilation of Islamic Law, namely regarding the maintenance of children who are still not mumayyiz and also used the basis of legal considerations that are theoretically appropriate in terms of the principles that are the main reference in providing in the decision, the rules of Islamic law, as well as the provisions of the applicable laws and regulations.
Tinjauan Yuridis Sosiologis Perlindungan Identitas Anak Korban Kejahatan Seksual : (Studi Putusan Nomor 408/ Pid.Sus/2021/PN Mlg, Studi Putusan Nomor 673 /Pid.Sus/2019/PN Mlg, Dan Studi Putusan Nomor 572/ Pid.Sus/2021/PN Mlg) Clarysa Dwi Rahmawati; Wasis Suprayitno; Kukuh Dwi Kurniawan
Indonesia Law Reform Journal Vol. 2 No. 2: July, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.743 KB) | DOI: 10.22219/ilrej.v2i2.22076

Abstract

Legal protection for children who are victims of sexual crimes is a manifestation of the obligations given by the State specifically. One of these protections is the protection of the confidentiality of the identity of children who are victims of sexual crimes. This embodiment aims to prevent children from negative treatment from any party that can adversely affect their growth and development of children. It has been explained in the provisions of law No. 11 of 2012 concerning the Juvenile Criminal Justice System Articlen19 paragraph (1). However, there are still many identities of children in conflict with the law that are not kept secret in case decisions are published on the Supreme Court Decision Directory Site. Therefore, the researchers raised two problem formulations. First, how to protect the identity of child victims of sexual crimes according to the laws and regulations. Second, how to protect the identity of child victims of sexual crimes according to the Malang District Court Class IA. The research method used a sociological juridical approach to collect literature study materials and interviews. Conclusions and suggestions from writing this final project, namely Article 19 of Law Numbern11 ofn2012 concerning the Criminal Justice System regarding the identity of children who are victims of sexual crimes whose identities are published if there are parties who violate the law that has set them up. Strict sanctions.
Co-Authors Clarysa Dwi Rahmawati Kurniawan, Kukuh Dwi Laily Lukita Nilam Sari