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All Journal JURNAL MAHKAMAH Smart: Journal of Sharia, Tradition, and Modernity
Isa, Rozana
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of Dwangsom in the Execution of Hadhanah Matters and its Relationship to the Ultra Petita Basis Firdawaty, Linda; Mahmudah, Siti; Isa, Rozana
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 2 December (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i2.3648

Abstract

This article aims to examine the reasons why dwangsom is urgent in hadhanah cases and how it is implemented in hadhanah execution cases and its relationship with the ultra petita principle.  This article is empirical normative legal research with qualitative descriptive analysis method. The urgency of dwangsom in hadhanah cases is an effort to provide psychological pressure so that the defendant wants to carry out the judge's order voluntarily, namely handing over the child who is the object of the case. If the defendant does not hand over the child as the judge's decision, then the defendant must pay dwangsom. The institution of dwangsom is not widely known to the public, but dwangsom is an appropriate and effective solution because the surrender of children cannot be done through forced execution.  Dwangsom can be implemented in hadhanah cases if the plaintiff submits a dwangsom application. The petition must also explain the chronology of the plaintiff's reasons for requesting dowry. If dowry is not submitted in the petita, then the judge is not authorized to decide dowry, because granting dowry without a request from the plaintiff is an ultra petita action.
Childcare in Lampung Saibatin Indigenous Community from the Perspective of Mubadalah and its Contribution to the Development of Family Law in Indonesia Sutendy, Deddy; Isa, Rozana
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20506

Abstract

This article examines childcare in the Lampung Saibatin indigenous community from the perspective of mubadalah and its contribution to the development of family law in Indonesia. This research is field research or filed research conducted in the Lampung Saibatin indigenous community in Lampung Province, conducting interviews with Lampung Saibatin traditional leaders and Lampung Saibatin indigenous people, analyzed qualitatively using the theory of mubadalah. The results of the study show that the Lampung Saibatin indigenous community has a pattern of childcare carried out by the mother, but as time goes by there are already some parents who have implemented that in childcare is carried out jointly by both parents. The existence of care that is dominated by the mother because the father earns a living for the needs of the family, on the other hand there is a classic paradigm that the wife's job is to take care of the house and children while the husband works. In this digital era, it is expected that childcare is carried out jointly, father and mother proportionally, so that this research contributes to campaigning for balanced parenting or mubadalah between father and mother. At the same time as an effort to educate the Lampung Saibatin community who still have a classic paradigm that emphasizes the dominance of childcare only to the mother, so that they can slowly change the paradigm into childcare that has a more balanced value of mubadalah between the father and mother.Keyword: Childcare; Lampung Saibaitin; Mubadalah
Co-Authors Linda Firdawaty SITI MAHMUDAH Sutendy, Deddy