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Muslih Muslih; Akbarizan Akbarizan; Akmal Abdul Munir; Akel Fernando; Andi Marwan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Divorce is a global phenomenon with significant implications for children's rights. This study aims to conduct a comparative analysis of the fulfillment of children's rights after divorce in five countries with different legal systems: Qatar, Egypt, Indonesia, Malaysia, and Jordan. The research employs a normative juridical method with a comparative legal research approach through literature review and legal document analysis. The findings reveal that each country has a unique mechanism for ensuring children's rights after divorce. Diverse legal systems—ranging from common law, civil law, to Islamic law—lead to variations in approaches to ensuring custody, care, and protection for children. The study identifies four critical dimensions in fulfilling children's rights: the right to survival and development, the right to protection, the right to education, and the right to participation. The comparative analysis highlights that cultural factors, legal systems, and political commitment play a fundamental role in determining the effectiveness of child rights protection after divorce. Key recommendations of this study include the need for regulatory harmonization, strengthening enforcement mechanisms, and developing sustainable monitoring systems. This research provides theoretical and practical contributions to understanding the complexity of fulfilling children's rights across global legal systems.

Tsabita Az Zahra; Berliana Clara Bella; Arsya Ghaniyyah Hariyadi; Dita Nadya Anastasya; Romadhoni Nova Karisma +2 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mixed marriages raise several issues and have impacts related to legal relationships. Such as citizenship, marriage agreements, divorce issues, custody rights for children born in mixed marriages and inheritance rights for children arising from these marriages. This research uses a normative doctrinal approach. Because in concept this research is sourced from written norms. Therefore, the research is carried out through the analysis of laws and regulations related to inheritance rights for children who have been born from mixed marriages. Therefore, the study carried out is only “limited” to the (written) laws and regulations related to the object under study. The results show that children born from mixed marriages also have legal protection. The existence of universal citizenship principles contained in Law No. 12/2006 on citizenship, such as the principle of ius sanguinis; determining the citizenship of a child from his descendants; the principle of ius soli, determining the citizenship of the child from his birthplace; the principle of single citizenship, emphasizing that every child can only have one citizenship; and the principle of dual citizenship, providing dual citizenship for every child in accordance with the decision of the Act.  

Adinda Firsta Deni Maharani; Djanuardi Djanuardi; Sherly Machmud Imam Slamet

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Divorce represents the dissolution of the marital bond between husband and wife within a household. Divorce can only occur when there are strong reasons justifying the decision. One reason that can lead to divorce, according to the Marriage Law and the Compilation of Islamic Law (KHI), is due to one party's addiction to gambling. This is reflected in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam. This study aims to understand and analyze gambling as a reason for divorce, as well as the legal protection for the wife in a divorce caused by her husband's gambling addiction, based on the Marriage Law and the Compilation of Islamic Law (KHI). This research employs a normative juridical approach with descriptive analytical specifications. The research methods used in this study include library research and field research through interviews. The data analysis method employed is qualitative juridical analysis. The research results indicate that, first, the lawsuit in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam is in accordance with the provisions of Article 19 letter a of the Government Regulation on the Implementation of the Marriage Law in conjunction with Article 116 letter a of the Compilation of Islamic Law (KHI). Second, as a preventive measure to protect the rights of the wife and children in a divorce caused by gambling addiction, the wife can include claims regarding custody and support for herself in the divorce petition. After the divorce decree is issued, the wife can also file a lawsuit regarding the division of marital property.

Syahan Nur Muhammad Haiba; Anjar Sri Ciptorukmi Nugraheni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesian positive law, only the KHI states that child custody falls to the mother. Other regulations only state that both parents are still obliged to look after their children without providing an explanation to whom child custody is given after divorce. In child custody decisions, several decisions were found that gave child custody to the mother, but also decisions were found that gave child custody to the father. This causes legal uncertainty in determining child custody after divorce. This research aims to analyze the most appropriate indicators of the judge's consideration in decisions regarding child custody based on the principle of the child's best interests. The research method used is prescriptive normative legal research using a conceptual approach. The results of the research show that there are several indicators that can be used in considering determining child custody, namely, child welfare, parental behavior, coordination between parents, and distribution of parental time. If it is felt that other indicators are needed, the judge can add these indicators as long as they are in accordance with the principle of the child's best interests.

Anish Koirala; Ramesh Shrestha; Nisha Gautam

International Journal of Communication, Tourism, and Social Economic Trends 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines how child custody laws across different legal systems affect child well-being in post-divorce families. By comparing custody arrangements in multiple countries, the research investigates outcomes related to children's psychological health, academic performance, and social stability. Findings suggest that shared custody arrangements generally yield better outcomes for children, though the impact varies with cultural and legal factors.

Dewi Larasati; Andi Prasetya; Rizky Fitriani

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the influence of child custody laws on child well-being in post-divorce families. By comparing legal frameworks across countries, the research assesses the outcomes of different custody arrangements concerning children’s psychological health, academic performance, and social stability. Findings indicate that shared custody generally provides better well-being outcomes for children, although cultural and legal variations affect these impacts.