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Wardhani, Sri Pramudya
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Analysis of Child Custody Following Divorce Caused by Apostasy Under Positive Law and Islamic Legal Frameworks (Case Study: Case No. 1189/Pdt.G/2023/PA.Tnk) Antonio, Brian; Wardhani, Sri Pramudya
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.328

Abstract

This study examines the Tangerang Religious Court's ruling in case number 1189/Pdt.G/2023/PA.Tnk, focusing on child custody disputes arising from apostasy within marital dissolution. The research investigates how Islamic civil law operates within Indonesia's judicial framework, particularly when religious conversion becomes a determining factor in custody arrangements. Employing a normative juridical approach alongside descriptive analytical methods, the investigation draws primary data from court rulings, trial documentation, and judicial reasoning articulated by the panel of judges. Secondary sources encompass statutory regulations, Islamic jurisprudence literature, scholarly journals, and pertinent reference materials. The theoretical foundation rests on Classical Islamic Law principles articulated by Imam Syafi'i, which address the legal implications of apostasy on marital bonds and parental rights, complemented by legal interpretation frameworks developed by Dr. Yahya Harahap, SH., MH., regarding procedural justice in religious courts. The research reveals tensions between protecting children's religious upbringing and applying established custody principles that typically favor maternal care for young children. Findings demonstrate how judges navigate between statutory law, Islamic jurisprudence, and the best interests of the child when apostasy disrupts conventional custody determinations.
Analysis of Unregistered Child Marriage Practices Through the Lens of Social Norms and Economic Pressures (Case Study in Sukaresmi Village) Riska, Riska; Wardhani , Sri Pramudya
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.326

Abstract

Child marriage is a social phenomenon that remains quite high in Sukaresmi Village, influenced by various social and economic norms. This phenomenon occurs without official registration in accordance with the provisions of Indonesia's Marriage Law, particularly concerning the minimum age requirement of 19 years. This practice is often carried out as a community effort to address social and economic issues, especially among middle-class families and those with relatively low education levels. Economic factors serve as the primary driving force, where families with unstable and limited income choose to marry off their underage children to alleviate economic burdens and simultaneously reinforce poverty rates. On the other hand, social and cultural norms that still uphold traditional values and customary influences strengthen the perception that marriage is a matter of honor and morality in society, leading the community to accept this practice despite its legal prohibition. The existence of this unregistered marriage practice is also accompanied by a lack of legal education and literacy, as well as limited access to information and services from the government. As a result, children who marry secretly often experience school dropouts, are completely dependent on their partners, and are vulnerable to legal and social problems in the future. Therefore, strategic efforts are needed to improve legal, economic, and social norm education to reduce underage marriage practices and protect children's rights.
Analysis of Unregistered Child Marriage Practices Through the Lens of Social Norms and Economic Pressures (Case Study in Sukaresmi Village) Riska, Riska; Wardhani , Sri Pramudya
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.326

Abstract

Child marriage is a social phenomenon that remains quite high in Sukaresmi Village, influenced by various social and economic norms. This phenomenon occurs without official registration in accordance with the provisions of Indonesia's Marriage Law, particularly concerning the minimum age requirement of 19 years. This practice is often carried out as a community effort to address social and economic issues, especially among middle-class families and those with relatively low education levels. Economic factors serve as the primary driving force, where families with unstable and limited income choose to marry off their underage children to alleviate economic burdens and simultaneously reinforce poverty rates. On the other hand, social and cultural norms that still uphold traditional values and customary influences strengthen the perception that marriage is a matter of honor and morality in society, leading the community to accept this practice despite its legal prohibition. The existence of this unregistered marriage practice is also accompanied by a lack of legal education and literacy, as well as limited access to information and services from the government. As a result, children who marry secretly often experience school dropouts, are completely dependent on their partners, and are vulnerable to legal and social problems in the future. Therefore, strategic efforts are needed to improve legal, economic, and social norm education to reduce underage marriage practices and protect children's rights.
Analysis of Child Custody Following Divorce Caused by Apostasy Under Positive Law and Islamic Legal Frameworks (Case Study: Case No. 1189/Pdt.G/2023/PA.Tnk) Antonio, Brian; Wardhani, Sri Pramudya
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.328

Abstract

This study examines the Tangerang Religious Court's ruling in case number 1189/Pdt.G/2023/PA.Tnk, focusing on child custody disputes arising from apostasy within marital dissolution. The research investigates how Islamic civil law operates within Indonesia's judicial framework, particularly when religious conversion becomes a determining factor in custody arrangements. Employing a normative juridical approach alongside descriptive analytical methods, the investigation draws primary data from court rulings, trial documentation, and judicial reasoning articulated by the panel of judges. Secondary sources encompass statutory regulations, Islamic jurisprudence literature, scholarly journals, and pertinent reference materials. The theoretical foundation rests on Classical Islamic Law principles articulated by Imam Syafi'i, which address the legal implications of apostasy on marital bonds and parental rights, complemented by legal interpretation frameworks developed by Dr. Yahya Harahap, SH., MH., regarding procedural justice in religious courts. The research reveals tensions between protecting children's religious upbringing and applying established custody principles that typically favor maternal care for young children. Findings demonstrate how judges navigate between statutory law, Islamic jurisprudence, and the best interests of the child when apostasy disrupts conventional custody determinations.
Co-Authors Ade Hari Siswanto Alfiana, Rita Anatomi Muliawan Anna Triningsih Antonio, Brian Athina Kartika Sari Azis, Riska Amelia Bahrudin, Nurbaiti Bertha, Anna Budi Asri, Dyah Permata Citra, Lana Fadila Feriza, Gousta Fitria Olivia Handayani, Safitri Havivah, Indah Henry Arianto Hikmawati, Elok Horadin Saragih I Gede Hartadi Kurniawan Irmanjaya Thaher Lili Hastuti Mulyo Wiharto Nazah, Farida Nurun Nurhayani nurhayani Otaviola, Elda Putri, Saskia Amalia Rahmadani, Adhining Prabawati Rahmahani, Adhining Prabawati Riska Riska Sajali, Munawir Sri Redjeki Slamet Suprajogi, Agus Wasis Susetio Widiatno, Men Wih Zulfikar Judge