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All Journal Ta’wiluna: Jurnal Ilmu Al-Qur’an,Tafsirdan Pemikiran Islam VRISPRAAK, International Journal of Law
Burhanudin, Achmad Asfi
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Religion Law, Crime, Criminology & Criminal Justice

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Problematika Perceraian Dan Pemenuhan Nafkah Anak Burhanudin, Achmad Asfi; Muhammad Al Faruq; Moch. Azis Qoharuddin
Ta’wiluna: Jurnal Ilmu Al-Qur'an, Tafsir dan Pemikiran Islam Vol. 4 No. 2 (2023): Ta’wiluna: Jurnal Ilmu Al-Qur’an, Tafsir dan Pemikiran Islam
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian kepada Masyarakat (LP3M) IAIFA Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/takwiluna.v4i2.1678

Abstract

Marriage according to Law No. 1 of 1974 is an innate bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead. However, it is not uncommon in marriage to have continuous disputes and quarrels as well as other causes that sometimes cause a situation that causes a marriage to be unsustainable and must be divorced. When divorce occurs, usually the problem is regarding the child, who takes care of him and who bears the cost of his maintenance. Therefore, it is necessary to study the legal principles regarding the obligation of male parents for legal child support after the occurrence of divorce. The legal principle of the obligation to provide child support after a divorce, whether in national laws and regulations, Islamic law, or in customary law, imposes this obligation on male parents. But even though they have been punished to pay alimony after divorce, many do not comply. The cause is the economic factor of male parents, male parents have remarried, female parents are able to provide for children. There are no clear rules regarding the determination of the nominal amount of child support and firm and clear legal sanctions against parents who are proven to have neglected their obligations or have bad intentions to hide their ability to provide for themselves. Basically, negligence in child support can be applied for execution by the Court, but procedural difficulties and the amount of costs that must be incurred cause an imbalance between the value of alimony demanded and the costs that must be incurred. Moreover, to pay and use the services of an expensive advocate to become a lawyer in child support claims, people are unable to get legal assistance from experts and professionals to fight for their rights
Judges' Decisions as a Source of Family Law: Case Studies in Indonesia and Malaysia Kaha, Humaidi; Burhanudin, Achmad Asfi; Al Faruq, Muhammad
VRISPRAAK : International Journal of Law Vol 7 No 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1149

Abstract

Judges' decisions play an important role in shaping family law in Indonesia and Malaysia, especially in cases of child custody, divorce procedures, and post-divorce maintenance. This article analyses how the differences between the civil law system in Indonesia and the common law system in Malaysia affect the role of judges in determining just decisions. In addition to discussing normative aspects, this research also explores the impact of judges' decisions on society, especially women and children after divorce. The results show that in Malaysia, stronger legal mechanisms such as the Family Support Division (FSD) help ensure compliance with judges' decisions, while in Indonesia, the execution of judgements often relies on individual initiatives, leading to difficulties in the enforcement of maintenance and childcare rights. In addition, the flexibility of judges in the common law system allows for more contextual considerations in custody disputes, whereas the civil law system in Indonesia tends to be more rigid in applying written legal norms. This article recommends strengthening the mechanism of judgement execution in Indonesia to improve protection for women and children, as well as improving the consistency of judgements in Malaysia to avoid legal uncertainty. Thus, the role of judges in shaping family law can be more responsive to the needs of society.
Judges' Decisions as a Source of Family Law: Case Studies in Indonesia and Malaysia Kaha, Humaidi; Burhanudin, Achmad Asfi; Al Faruq, Muhammad
VRISPRAAK : International Journal of Law Vol. 7 No. 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1149

Abstract

Judges' decisions play an important role in shaping family law in Indonesia and Malaysia, especially in cases of child custody, divorce procedures, and post-divorce maintenance. This article analyses how the differences between the civil law system in Indonesia and the common law system in Malaysia affect the role of judges in determining just decisions. In addition to discussing normative aspects, this research also explores the impact of judges' decisions on society, especially women and children after divorce. The results show that in Malaysia, stronger legal mechanisms such as the Family Support Division (FSD) help ensure compliance with judges' decisions, while in Indonesia, the execution of judgements often relies on individual initiatives, leading to difficulties in the enforcement of maintenance and childcare rights. In addition, the flexibility of judges in the common law system allows for more contextual considerations in custody disputes, whereas the civil law system in Indonesia tends to be more rigid in applying written legal norms. This article recommends strengthening the mechanism of judgement execution in Indonesia to improve protection for women and children, as well as improving the consistency of judgements in Malaysia to avoid legal uncertainty. Thus, the role of judges in shaping family law can be more responsive to the needs of society.
Co-Authors Al Faruq, Muhammad Kaha, Humaidi Moch. Azis Qoharuddin Muhammad Al Faruq