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All Journal Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Journal of Social Research
Darmawan Saputra, Kurniadi
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PROBLEMATIKA IMPLEMENTASI EKSEKUSI PADA PERKARA HAK ASUH ANAK Harly, Agustian; Darmawan Saputra, Kurniadi; Maryani, Maryani
Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Vol 12 No 02 (2024): Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/am.v12i02.7469

Abstract

This study examines the implementation of the execution of Religious Court decisions regarding child custody (hadhanah) after divorce. The main focus is on the procedures, challenges, and efforts of the court in ensuring the best interests of the child during the execution process. The methods used are literature review and normative legal analysis of related court regulations and decisions. The results of the study indicate that the execution of hadhanah decisions has a special complexity because it involves the psychological aspects of the child. The main challenges include the child's refusal, the uncooperativeness of the losing party, and the risk of hiding the child. Religious Courts must apply a wise approach, including persuasive efforts, before coercive action. Coordination between the court, law enforcement officers, and related parties is essential for effective execution. In conclusion, the execution of hadhanah decisions must always prioritize the best interests of the child, considering the involvement of child psychologists if necessary. This study recommends the development of specific guidelines for the execution of hadhanah decisions that focus on the protection and welfare of children.
The Role of Mediators In Divorce Mediation Efforts at The Religious Court of Jambi City From an Islamic Law Perspective Maryani, Maryani; Abdul Gani, Ruslan; Zulqarnain, Zulqarnain; Darmawan Saputra, Kurniadi
Journal of Social Research Vol. 4 No. 4 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i4.2482

Abstract

This study aims to find out the mediation process, the role of mediators, and the obstacles to the mediation process in divorce cases at the Jambi City Religious Court. The research method used is qualitative research with a descriptive analytical approach. The type of research used in this study is field research, which is data collected or collected to obtain information and valid data to answer problems in this study obtained from the results of field studies which are then combined with data obtained from literature studies, so that accurate data is obtained. Data was obtained through direct observation, interviews with mediators in order to find out the role of mediators in efforts to mediate divorce cases at the Jambi City Religious Court, as well as analysis of related documents. The results of the study show that the mediation process at the Jambi City Religious Court occurs in 5 stages, namely: The first stage, the existence of a case The fourth stage is to make an agreement by holding a joint meeting. The fifth stage is the implementation of the agreement by implementing the content of the agreement with the parties. If the mediation is successful, the mediator makes a peaceful decision (in divorce cases, the panel makes a decision to revoke it). Furthermore, if mediation fails, the panel can continue to examine the case and make a litigation decision.
Co-Authors Harly, Agustian Maryani Maryani Ruslan Abdul Gani, Ruslan Zulqarnain Zulqarnain, Zulqarnain