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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum PROFICIO: Jurnal Pengabdian Masyarakat BULLET : Jurnal Multidisiplin Ilmu MILRev: Metro Islamic Law Review Socius: Social Sciences Research Journal Jurnal Pengabdian Sosial Jurnal Pengabdian UMKM EBAMUKAI; JURNAL PENGABDIAN ILMU PENGETAHUAN DAN TEKNOLOGI Jurnal Insan Pengabdian Indonesia Ipso Jure
Sobardo Hamonangan
Universitas Cendrawasih, Jayapura, Papua, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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Custody and Obligations of Parental Alimation of Children After the Breakup of Marriage Due to Divorce in Terms of Law Number 1 Of 1974 Concerning Marriage Sobardo Hamonangan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4094

Abstract

The research entitled;Parents' Custody Rights and Alimentary Obligations for Children After Dissolution of Marriage Due to Divorce in View of Law Number 1 of 1974 concerning Marriage; was carried out in the jurisdiction of Jayapura City with the aim of finding out and analyzing the causal factors the occurrence of divorce and custody and fulfillment of parental alimony obligations towards children.This research is empirical legal research using the Normative Juridical and Empirical Juridical approach methods. The Normative Juridical Approach is by reviewing the provisions of statutory regulations relating to the rights aspect of divorce and the legal consequences of divorce in relation to Custody Rights and Parental Alimony obligations following the dissolution of the marriage due to divorce, while the Empirical Juridical approach is by looking at the implementation of the provisions Laws relating to divorce and custody rights and parental alimony obligations apply in society. The results showed that the factors causing divorce in the city of Jayapura in general for the continuous disputes, disputes and quarrels triggered by the attitudes and behavior of both the husband and wife namely a. The existence of love with women and other men, b. Husband rarely goes home; c. Husband is light hand by beating the wife. Meanwhile, in most court decisions on divorce cases, the majority of judges decide that custody rights are given to the wife based on psychological considerations and legal considerations. The psychological considerations are because the children are still small and not yet mumayyiz so they still really need more attention from their mother, and the husband's morals are not good, so there are concerns that it will affect the child's psychological development during his growth period. Furthermore, regarding the fulfillment of alimony obligations in the context of the care and development of the child, in general it is not carried out well, generally parents (fathers) lack or neglect their alimony obligations towards the child on the grounds that they have a new family, because they are not given custody, because of their economic capabilities, so does not carry out his alimony obligations as ordered by the applicable statutory provisions.
The Position Of Islamic Law In The Positive Law Of Indonesia (Analysis Of The Application Of Islamic Law Provisions In Aspects Of Marriage Through The System Approach) Sobardo Hamonangan; Kadir Katjong
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4095

Abstract

The research with the title: The Position of Islamic Law in Indonesian Positive Law (Analysis of the Application of Islamic Law Provisions in the Marriage Aspect Through a Systems Approach aims to determine and explain the position of Islamic Law which is integrated in Indonesian positive law, especially the application of Islamic law provisions in the Marriage legal aspect in Positive Law in Indonesia.This research is a normative legal study, which uses a normative juridical approach, which is an approach to conducting a study and study of the provisions of Islamic law and positive law that applies in relation to the issue of Islamic law in the provisions of Indonesia's positive law in the aspect of marriage.The research results show that the position of Islamic Law in Indonesian Positive Law can be seen from the development of law and the constitution in Indonesia, where the provisions of Islamic law which are adhered to by the majority of the Indonesian population have become a source of law for the development of national law. Several provisions of Islamic law have been integrated into positive law in the Indonesian legal system and have been implemented in a formal juridical manner, including provisions relating to family/marriage law regulated in Law Number 1 of 1974 concerning Marriage, provisions regarding waqf regulated in Law Number 41 of 2004 concerning Waqf, as well as the existence of Religious Court institutions regulated in Law Number 7 of 2004 1989 which was amended by Law Number 3 of 2006, as an institution authorized to resolve problems related to marriage, inheritance and waqf for citizens who embrace the Islamic religion. Furthermore, through a legal system approach, the enactment of Islamic law provisions in positive law is carried out in a formal juridical manner through the formation of legislation that accommodates the provisions of Islamic law. The position of Islamic law in positive law through a legal system approach can be seen in the provisions of Islamic law which have been integrated into positive law in the Indonesian legal system as a national legal system. The provisions of Islamic law in positive law are included as a substantial component, namely provisions that are guided by citizens, especially those who embrace the Islamic religion. As a structural component, it is seen in the existence of the Religious Courts as an institution that has the authority to resolve problems in family law. and the cultural component (legal culture) is the behavior and high legal awareness of the community, especially citizens who embrace the Islamic religion. These three components of the legal system determine the position of Islamic law in the applicable Positive Law.
Co-Authors BUDIYANTO Daniel Tanati Daniel Tanati Eddy - Pelupessy Farida Kaplele, Farida Firman Frans Reumi Frans Reumi, Frans Herry M. Polontoh Hotlan Samosir Hotlarisda Girsang James Yoseph Palenewen Kadir Katjong Kadir Katjong Lily Bauw M. Polontoh, Herry Muannif Ridwan Mulyadi, Dudi Nur Asmarani Pelupessy, Sella Petrix pondayar, yustus Reumy, Ludia Jemima I.R. Rongalaha, Johan Samosir, Rendra Christian Sella Petrix Pelupessy Simanjuntak, Ayub Jose Luhut Parulian Solossa, Marthinus Supriyanto Hadi Susi Irianti Tri yanuaria Usman Jayadi Yusak Elisa Reba