LEGAL REVIEW OF THE PROTECTION OF CHILDREN'S RIGHTS IN TERMS OF MAINTENANCE RIGHTS AS A RESULT OF DIVORCE BASED ON THE VALUES OF JUSTICE A STUDY OF DECISIONS IN THE TANJUNG BALAI RELIGIOUS COURT
DOI:
https://doi.org/10.70321/ijslcj.v2i1.83Keywords:
Child Custody, Divorce, Hadhanah, Best Interests of the ChildAbstract
Divorce not only affects the relationship between husband and wife, but also has serious consequences for children, especially in terms of custody and support. In the Indonesian legal system, child maintenance rights after divorce are regulated in Law Number 1 of 1974 concerning Marriage which has been amended by Law Number 16 of 2019 and Law Number 35 of 2014 concerning Child Protection. The main principle in determining custody rights is the best interest of the child, as stated in national and international law. In Islamic law, hadhanah is generally given to the mother, especially for children who are not yet mumayyiz.
This study aims to analyze legal protection of children's rights in post-divorce maintenance through a case study of the Tanjung Balai Religious Court's decision. The results of the study indicate that there are challenges in the implementation of court decisions, especially in the execution of custody rights and the fulfillment of child support. In some cases, court decisions are not followed by an effective execution mechanism, causing children's rights not to be fully fulfilled. Therefore, a clearer legal reconstruction is needed regarding post-divorce child care, including strengthening regulations regarding child support and the execution of court decisions. In addition, the shared parenting approach can be an alternative in maintaining children's welfare while still involving both parents in their care.
Downloads
References
Fitriani, Ifa Latifa. 2012. “Islam and Restorative Justice for Children in Conflict with the Law.” IN RIGHT: Journal of Religion and Human Rights 2 (1).
Iskandar, Tatang, and Hary Satrio Nugroho. 2024. “STENGING BORDER CONTROL AS A MEANS OF PREVENTION OF THE CRIMINAL ACT OF HUMAN TRAFFICKING: STRATEGIES AND CHALLENGES IN THE ERA OF GLOBALIZATION.” Journal of Law and Border Protection 6 (1): 65–80.
Laraszaty, Galluh, Syaiful Asmi Hasibuan, and JE Melky Purba. 2022. “Analyzed of Legal Siri Marriage Registration in a Population Administration (Family Card) a Study on Legal Protection for Children.” Political Journal Scientific Journal of Politics 2 (2): 86–94.
Risdawati, Irsyam, Marice Simarmata, Muhammad Juang Rambe, T Riza Zarzani, and Iwan Rohman Harahap. 2022. “Legal Analysis of Criminal Child with Mental Retardation (Study of Rantauprapat State Court Decision No. 18/PID. SUS/ANAK/2016/PN-RAP).” Budapest International Research and Critics Institute-Journal (BIRCI-Journal) 5 (1).
Saladin, Tomi. 2017. "Application of Mediation in Resolving Cases in Religious Courts." Court: Journal of Islamic Law Studies 2 (2).
Sartika, Diana Dewi, S Sos, S Yulasteriyani, M Sos, SH Vera Novianti, SH Suci Flambonita, MH Artha Febriansyah, MH SH, and Febby Mutiara Nelson. nd “PROTECTION OF WOMEN'S AND CHILDREN'S RIGHTS FOR SUSTAINABLE NATIONAL DEVELOPMENT.”
Suprayogi, Rizqi. 2023. “Islamic Marriage Law Reform in Indonesia.” Indonesia Journal of Business Law 2 (1): 29–37.
Syarief, Elza. 2014. Resolving Land Disputes Through Special Land Courts. Gramedia Popular Literature.
Tanjung, Indra Utama. 2023. “Khilafah Political Controversy in Indonesia.” JIM: Scientific Journal of History Education Students 8 (2): 482–90.
Tanjung, Indra Utama, and Dhiauddin Tanjung. 2022. “Law on Marriage and Interfaith Marriage: Islamic Law and Positive Law.” Journal of Citizenship 6 (4): 6792–6801.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Eddy Sumardi , Henry Aspan , Andoko
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
