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All Journal Qanun : Jurnal Hukum Keluarga Islam
Muslih, Muhamad
Fakultas Hukum Universitas Sultan Ageng Tirtayasa
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Konsistensi Hukum Hadhanah Di Indonesia: Studi Yuridis Normatif Terhadap Putusan Pengadilan Hasna Putri, Nabila; Tahir, Palmawati; Muslih, Muhamad
Qanun: Jurnal Hukum Keluarga Islam Vol. 1 No. 2 November 2023 "Gender Relations in Marriage: The Role of the Wife in Financial Support"
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62870/qanun.v1i2.24727

Abstract

Hadhanah is one of the important aspects regulated in Indonesian law. This can be seen from the existence of Hadhanah which is regulated in Article 105 letter (a) of the 1991 Presidential Instruction of the Republic of Indonesia concerning the Compilation of Islamic Law which regulates that after a divorce, the care of a child who is not mumayyiz or not yet twelve years old is the right of the mother. This is different from the judge's decision number 4391/Pdt.G/2021/PA.JS which stipulates that custody of children who are not yet mumayyiz is given to the father as the defendant. Based on these problems, the researcher formulated an identification problem, namely what was the basis for the judge's considerations and how the legal consequences of the court decision were connected to the Marriage Law and the Compilation of Islamic Law. Then the researcher used the theory of justice and the theory of legal certainty. Then the research method used is normative juridical, with research specifications in the form of a statutory approach and a case approach. The conclusion of this research is that the judge gave custody of the child who had not yet mumayyiz into the hands of the father based on several considerations by not only prioritizing legal formalities, but also considering the best interests of the child. 
Analisis Putusan Hakim tentang Penolakan Permohonan Itsbat Nikah (Putusan No. 47/Pdt.P/2021/PA.Tas Hakim Pengadilan Agama Tais) Putri, Alifia Meita; Muslih, Muhamad
Qanun: Jurnal Hukum Keluarga Islam Vol. 1 No. 1 Mei 2023 Exploring Marital Law: Isbath, Role Distribution Between Spouses, Divorce, Idd
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v1i1.24676

Abstract

The problem in this research is that Article 2 paragraph 2 of Law no. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage states that every marriage must be recorded according to the applicable laws and regulations, so that if there is an underhand marriage, the marriage certificate must be submitted, but in the judge's decision No. 47/Pdt.P/2021/PA.Tas the judge of the Tais Religious Court rejected the submission of the marriage certificate. Identification of the problem in this study, namely what are the judges' considerations at the Tais Religious Court in rejecting the application for itsbat nikah? So what are the legal consequences for underhanded marital status and child status? The research method used is normative juridical, with a statutory approach and a case approach. The theory used in this study is the theory of legal certainty and the theory of justice. The data source is secondary data, with the technique of collecting data from the study of literature and analyzing the data used, namely descriptive qualitative. The conclusion of this study is the rejection of the marriage certificate by the judge on the grounds that there is no good faith from the applicant so that this causes the applicants to not get legal certainty regarding marital status and child status. The legal consequence of the rejection of the application for itsbat nikah makes the marital status of the applicants remain in the status of underhanded marriage and the status of the child becomes a child out of wedlock.
Co-Authors Hasna Putri, Nabila Putri, Alifia Meita Tahir, Palmawati