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All Journal Abdimas Toddopuli: Jurnal Pengabdian Pada Masyarakat Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice The Easta Journal Law and Human Rights
Haryadi, Wahyu Tris
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Journal : Yuris: Journal of Court and Justice

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THE CHILD CUSTODY STATUS FROM UNREGISTERED MARRIAGE: AN ISLAMIC LAW ON THE BASIS OF CONSTITUTIONAL COURT DECISION Setiawan, Pratiwi; Haryadi, Wahyu Tris
YURIS: Journal of Court and Justice Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (165.373 KB) | DOI: 10.56943/jcj.v1i3.124

Abstract

Unregistered marriages have an impact on the marriage itself and on the children born caused its marriage. Even though every child is sacred born and without a sin. A child cannot choose to be born from which parents, nor they can choose to be born from the marriage of their parents. Therefore, a child must be given the protection of their human rights and other rights by their parents, family and the state.The objectives of this research is to find out the child custody status from unregistered marriage on Islamic law in Indonesia. The method used in this research is juridical-normative approach (positive law). The data collection used was classified based on each title. The result of this research showed that the law of unregistered marriage is the same as the law of legal marriage, as regulated in Article 2 paragraph (1) on Law No. 1/1974 regarding of marriage. However, the status of unregistered marriage is still not recognized by Indonesian law, which has been regulated in Article 2 paragraph (2) on Law No. 1/1974. Otherwise, the children status of parents who have unregistered marriages, their status is still not recognized by Law and their custody rights over their mother and mother's family. However, according to Islamic law, the child custody status remains to their parents.The decision of the Constitutional Court will establish the existence of jurisprudential law to realize legal certainty regarding the legal position of children out of wedlock so that they obtain complete legal protection from their parents.
LEGAL ANALYSIS OF WITNESS TESTIMONIUM DE AUDITU’S POSITION ON DECISION NO. 115/PID.SUS/2021/PN.KTG: Case Study on Constitutional Court Decision No. 65/PUU-Vlll/2010 Mbewa, Adelina; Haryadi, Wahyu Tris
YURIS: Journal of Court and Justice Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.357

Abstract

Testmonium de audito has not been accepted as evidence under the Criminal Procedure Code because its authenticity has not been tested. Under the Constitutional Court’s decision No.65/PUU-VIII/2010, testimonium de audito is considered as evidence, and can be used in both criminal and civil cases. Therefore, this research is conducted to determine the witness's position in the trial and verdict Number 115/Pid.Sus/2021/PN.Ktg. The case study of Kotamobagu District Court Decision Number 115/Pid.Sus/2021/PN.Ktg and Law No. 8/1981 on the Criminal Procedure Code become the basis of normative legal research methodology in this research, which also used primary and secondary sources. The findings of this research indicate that in Constitutional Court Decision No.65/PUU-VIII/2010, law enforcers should agree that witnesses who actually see, hear, or suffer a criminal event are not always required. On the other hand, Testimonium de Auditu witnesses cannot be used as independent witnesses in the case of Decision No. 115/Pid.Sus/2021/PN.Ktg because it does not include the requirements of the witnesses required.
Co-Authors Ardhana, Annisa Sofia Budi Endarto Dyah Ayu Sulistyo Rini, Dyah Ayu Sulistyo Haryono Haryono Kumalasari, Dewi Ratih Maulinna Kusumo Wardhani, Maulinna Kusumo Mbewa, Adelina Putra, Aditya Januar Rahmawati, Diah Ayu Rosmaya, Ina Setiasih, Herma Setiawan, Pratiwi Sumaryanto, Djoko