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Muhamad Nur Rifaldi Rachman; Nirwan Junus; Julius T. Mandjo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court

Azizah Rima Gitacahyani; Bilqis Dewi P; Cherisanda Nesya; Regita Kisnanda Putri; Yasmine Erlisa

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Divorce between spouses of different nationalities has become an increasingly common phenomenon in the context of globalization. International civil law plays a key role in addressing the legal issues arising from divorce between different nationalities. This article discusses the legal repercussions arising from such divorces, focusing on several important aspects. Determination of the applicable law is a major concern in cases of non-citizenship divorce. The Lex Loci principle is the rule used to determine the law governing divorce, with special considerations regarding both spouses being from different countries. The recognition of divorce in different jurisdictions is an important concern. The process of official recognition of divorce in different countries often requires special procedures and certain requirements. Issues related to child custody become particularly significant if the couple has children together. International civil law considers aspects such as child residence, custody, and child-related decision-making. A valid divorce certificate may be required for various purposes, including a change in marital status in each spouse's country. The process of obtaining a divorce certificate may vary in each spouse's home country. Pensions and inheritance may also be affected by divorce, and the application of international civil law principles is necessary to determine the associated rights.

Rona Rindamelani Hutasoit; Cindy Ayu Lestari; Hanna Izzati Ar Raudhah; Parlaungan Gabriel Siahaan; Dewi Pika Lbn Batu

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

In this article, we will examine the impact of divorce (Division of Property & Child Custody) where this study was conducted at the Medan District Court. This divorce has a lot of impacts, especially on children. However, this article will focus on the division of assets and child custody as a cause and effect of divorce. This research uses descriptive qualitative and normative legal methods through analytical and observational approaches, with data collection techniques based on literature studies and interviews. Divorce is triggered by various reasons, including disharmonious relations between husband and wife in terms of fulfilling biological needs, issues of different principles of life, differences in income in improving welfare, infidelity. The decision to divorce results in the division of property and child custody, where custody falls to the mother because the child is under 12 years old. Referring to Article 105 KHI, which explains that child custody in divorce with children under 12 years old is given to the mother. Meanwhile, the distribution of assets is in accordance with applicable Islamic law.

Falah Sabirin

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Interfaith marriage is a complex issue and often becomes a subject of debate in Indonesian society. In both legal and religious contexts, this type of marriage faces various challenges, particularly from the perspective of Islamic jurisprudence (fiqh) and the Indonesian Marriage Law. This journal aims to analyze the problems surrounding interfaith marriage in Indonesia by examining Islamic legal views, regulatory frameworks, and the resulting social implications. From the fiqh perspective, the majority of scholars agree that a Muslim woman is not permitted to marry a non-Muslim man, whereas the marriage of a Muslim man to a woman from the People of the Book (Ahl al-Kitab) remains a topic of debate, depending on social context and public interest (maslahah). This reflects how Islamic law prioritizes the stability of faith (aqidah), household leadership, and the continuation of religious values in the upbringing of children. From the standpoint of national law, Indonesia’s Marriage Law No. 1 of 1974 places the validity of a marriage under the religious laws of the respective parties, making it difficult for interfaith marriages to be officially registered. As a result, such couples often face administrative barriers, issues in inheritance law, child custody rights, and social discrimination. This study concludes that a fair and constructive approach is necessary in addressing this issue, while preserving religious principles and maintaining social harmony in Indonesian society.