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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Pena Justisia: Media Komunikasi dan Kajian Hukum
Pian, Happy
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role of High Religious Courts in The Bengkulu Area in Safeguarding Children's Interests Regarding Post-Divorce Living Expenses and Civil Rights Pian, Happy; Mukhlas, Oyo Sunaryo; Arifin, Tajul; Saebani, Beni Ahmad; Ridwan, Ahmad Hasaan; Abdulah Pakarti, Muhammad Husni
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36594

Abstract

This research aims to examine the legal process carried out by the Bengkulu Religious High Court in ensuring the living expenses of children after their parents' divorce. This study is qualitative research with a normative legal approach. Primary data comes from laws, court decisions related to children's rights post-divorce, and children's civil rights, while secondary data is obtained from books, online media, and journals with the same relevance. In exercising its authority, the Bengkulu Religious High Court prioritizes the principle of justice by maintaining the interests of the child, as well as the principles of balance and proportionality. However, there are several challenges such as the lack of public understanding of children's rights and obstacles in the implementation of Religious High Court decisions regarding the enforcement of children's civil rights. More intensive efforts are needed to provide the public with an understanding of children's rights and to improve the quality of enforcement of Religious High Court decisions to ensure optimal protection of the child's interests following their parents' divorce.
Justice, Certainty, and Legal Benefit in the Decision of the Bengkulu Religious High Court on Child Living Expenses after Divorce Pian, Happy; Beni Ahmad Saebani; Oyo Sunaryo Mukhlas; Tajul Arifin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5672

Abstract

Due to parental divorce, children become victims and require the husband as the father to pay for the child's living expenses until they are independent. However, the amount of living expenses is not regulated by law and there are no legal sanctions if the father violates the decision. This often harms the mother and child who have custody. This study aims to analyze: (1) Considerations of the Religious Court in determining the child's living expenses after divorce; (2) Implications of the Religious Court Decision regarding the child's living expenses; (3) Legal efforts of the wife against the ex-husband who does not comply with the decision; (4) Clarity and justice of the law in decisions regarding the child's living expenses. The theories used include the theory of legal benefit from Imam Al-Ghazali and the theory of legal principles from Gustav Radbruch. This study is qualitative with a descriptive analysis method, using data from the contents of the Religious Court decision. Data were obtained through observation, interviews, documentation, and content analysis. The results of the study show: (1) Variation in the amount of the child's living expenses; (2) Many violations of the father's actions in fulfilling the cost obligations; (3) Legal efforts taken by the wife; (4) The decision must regulate more property guarantees to facilitate the implementation of the child's living expenses. Legal development is needed regarding clauses in decisions and statutory regulations.
Co-Authors Abdulah Pakarti, Muhammad Husni Mukhlas, Oyo Sunaryo Ridwan, Ahmad Hasaan Saebani, Beni Ahmad Tajul Arifin Tajul Arifin