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All Journal Innovative: Journal Of Social Science Research Al-Rasikh : Jurnal Hukum Islam
Safitri, Melani Intan
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Religion Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Public Health Other

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Kehadiran Saksi Ahli dalam Penyelesaian Perkara Keluarga di Pengadilan Agama di Indonesia Safitri, Melani Intan
Innovative: Journal Of Social Science Research Vol. 4 No. 6 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i6.17063

Abstract

In the process of carrying out a marriage, of course, there are many preparations that must be made. This marriage readiness also has various criteria. Each individual, both men and women, has their own perspective on readiness due to many influencing factors. From a socio-cultural point of view, women tend to be seen as inferior to men, where the status of head of the family is assigned to men. In addition, there are differences in the responsibilities of a husband and wife. This is one of the underlying differences in the priority of marriage readiness of young men and women. This research is a qualitative study with field research methods through interviews. After conducting interviews with informants, it was found that gender does not determine a person's readiness to get married. In general, men and women have the same views regarding the readiness that must be done before marriage but differ in priority positions. Male informants tend to put economic readiness in the first place because of a sense of responsibility to provide for their families in the future. Meanwhile, female informants prioritize spiritual knowledge and emotional readiness.
PEMBERIAN HAK ASUH BERSAMA DALAM PENYELESAIAN SENGKETA HAK ASUH ANAK DI INDONESIA: PERSPEKTIF MASLAHAH MURSALAH Maulana, Moh. Iqbal Rifki; Safitri, Melani Intan
al-Rasá¿‘kh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1722

Abstract

In general, looking at the various existing regulations and practices in court decisions, child custody law in Indonesia still provides sole custody in resolving child custody disputes. However, in recent years, several judges have begun to establish joint custody in child custody disputes. The main data in this study is in the form of five Religious Court rulings on joint child custody. The purpose of this study is to reveal the judge's legal considerations in determining joint custody and in what cases child custody should be applied from the perspective of maslahah mursalah. This research uses qualitative methods with a normative juridical approach. The result of this study is that the judge's consideration in determining joint custody is not based on the KHI, but based on the best interests of the child which is the judge's interpretation of Article 14 paragraph (1) of Law Number 35 of 2014 concerning Child Protection. Before determining child custody, the judge must first look at the track record of both parents, if both are good in nature and have the ability to take care of children, then the judge can consider determining child custody together. If one parent behaves badly and does not have the ability to care for the child, then it is better to establish sole custody solely in the best interest of the child based on the maslahah mursalah.
Co-Authors Maulana, Moh. Iqbal Rifki