Journal of Islamic Studies and Humanities
Vol. 9 No. 1 (2024): Journal of Islamic Studies and Humanities

INKONSISTENSI BATAS USIA ANAK DALAM PERKARA PERWALIAN DI PENGADILAN AGAMA PERSPEKTIF KEPASTIAN HUKUM

Maharani, Vanya Faby (Unknown)
Kamarusdiana, Kamarusdiana (Unknown)
Yassardin, Yassardin (Unknown)



Article Info

Publish Date
06 Oct 2024

Abstract

This paper is a normative juridical research with a statutory approach and case approach. The primary data sources are Banjarbaru Religious Court Decision Number 0026/Pdt.P/2015/PA.Bjb and Cilegon Religious Court Decision Number 09/Pdt.P/2017/PA.Clg, the Marriage Law, and the Compilation of Islamic Law. The secondary data sources are articles, journals, and other sources related to the discussion in this paper. The results of this paper found that an application for legal guardianship is submitted to the Court in order to determine who is entitled to guardianship of a child who is still a minor and not yet legally competent. In reality, even parents who are directly entitled to underage children for certain cases still apply for custodial status to the Religious Court so that there is concrete evidence or documents on this matter.  There are many provisions governing children as well as guardianship, so that judges decide with different references, but still provide certainty to the case submitted because there is a law that regulates it clearly. In certain cases related to children's property or inheritance rights, the judge has other considerations related to this matter.

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Journal Info

Abbrev

JISH

Publisher

Subject

Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Islamic Studies and Humanities (JISH) intends to publish a high-standard of theoretical or empirical research articles within the scope of Islamic studies and humanities, which include but are not limited to theology, mysticism, cultural studies, philology, law, philosophy, literature, ...