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All Journal NOMOI Law Review JIHAD : Jurnal Ilmu Hukum dan Administrasi
Natigor Daulay, R. Fahmi
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Law, Crime, Criminology & Criminal Justice

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Journal : JIHAD : Jurnal Ilmu Hukum dan Administrasi

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The Position of Married Daughters in Adoption in the Ngada Tribe Indigenous Community (Study of Supreme Court Decision Number 407 K/Pdt/2019) Natigor Daulay, R. Fahmi; Muhammad, Ade Sultan
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8767

Abstract

This research examines the position of married daughters in child adoption practices within the Ngada ethnic community through an analysis of Supreme Court Decision Number 407 K/Pdt/2019. Using normative legal research methods and a case approach, the study reveals that although the Ngada community adheres to a patrilineal system that traditionally prioritizes sons in child adoption, there exists an adaptive mechanism in the form of the concept "women can hold the machete" that enables the adoption of married daughters for the purpose of performing traditional rituals. The Supreme Court in its decision acknowledged this flexibility of customary law by rejecting the argument that adoption applies only to male children, while affirming that the practice of adopting married daughters does not contradict Ngada customary law as long as it is done to continue and perform traditional rituals. This research demonstrates that customary law is not a static system but rather dynamic and continuously evolving according to community needs, and highlights the important role of courts in harmonizing traditional values with principles of justice and equality within the context of legal pluralism in Indonesia.
Implementation of the Principle of Appropriateness in Determining the Amount of Iddah, Mut'ah, and Child Support for Civil Servants Based on Sema No. 3 of 2018 (Study of Supreme Court Decision Number 42 K/Ag/2024) Natigor Daulay, R. Fahmi; Muhammad, Ade Sultan
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8768

Abstract

This research examines the application of the principle of appropriateness in determining post-divorce maintenance amounts for Civil Servants based on Supreme Court Circular Letter No. 3 of 2018 through a study of Supreme Court Decision Number 42 K/Ag/2024. The regulation of iddah maintenance, mut'ah, and child support in Indonesian positive law has been established in various legal instruments, but its implementation often faces challenges in determining appropriate and fair amounts. Through a normative juridical research method with a case approach, this research analyzes how the Supreme Court applies the principle of appropriateness by considering factors such as the husband's economic capacity as a civil servant, the duration of marriage, the basic needs of the former wife and children, and the principle of a year's living costs as a benchmark for iddah maintenance and mut'ah. This decision becomes an important jurisprudence that corrects lower court decisions by improving the amount of iddah maintenance from Rp7,500,000 to Rp12,000,000, mut'ah from Rp30,000,000 to Rp48,000,000, and child support from Rp2,000,000 to Rp5,000,000 per month with a 10% increase each year, reflecting a progressive approach in religious court practice that prioritizes substantive justice and protection of women's and children's rights after divorce.
Legal Study of Divorce Lawsuit Mechanism Against Absent Husband According to Indonesian Marriage Law Natigor Daulay, R. Fahmi; Evangelista, Beverly
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9477

Abstract

Divorce lawsuit against absent husband is a legal remedy for wives abandoned by their husbands without clear residence information. This research analyzes the legal mechanism of divorce lawsuits against absent husbands based on Law No. 1 of 1974 on Marriage and Islamic Law Compilation. The research method uses normative juridical approach with secondary data of descriptive nature. Results show that absent husband divorce procedures are regulated in Article 20 paragraph (2) of Government Regulation No. 9 of 1975 and Article 138 of Islamic Law Compilation, with summons through announcements on court bulletin boards and mass media. Implementation follows ordinary divorce lawsuit procedures with additional requirements including village certificate stating the unclear domicile of the defendant.
Co-Authors Beverly Evangelista Muhammad, Ade Sultan