3 research outputs found
Analisis Perspektif Maqashid Syari’ah pada Permohonan Penetapan Nomor 30/Pdt.P/2022/Pa.Yk Tentang Perwalian Anak Terhadap Hilangnya Kekuasaan Orang Tua
No full text This article discusses the application for the determination of child guardianship Number 30/Pdt.P/2022/PA.YK against the loss of parental authority in the perspective of maqashid syari'ah, both parents who have passed away, but still have minor children left behind. The purpose of this study is to understand, know, and find the results of the research that has been done, that child custody through existing court decisions, guardianship and child custody if the parental guardianship power over the child has been lost because the parent dies, but still has minors. This article uses a type of field research, a normative-juridical research approach, and is descriptive-analytic in nature. The results of this study explain that the determination and appointment of guardians for minors takes into account the procedures and requirements for appointing guardians, the Marriage Law Articles 50, 51 and 53 and the Compilation of Islamic Law Articles 107 and 109. In addition, PP No. 29 of 2019 concerning Requirements and Procedures for Appointing Guardians and Law No. 35 of 2014 concerning Child Protection, are also taken into consideration in making guardians for minors. The court's decision based on the Maqasid Syari'ah Theory is not in accordance with the objectives of the legal theory, does not fulfill its main elements, which include Life Care, Offspring Care, and Property Care which are in accordance with the context of this Petition for Guardianship.Artikel ini membahas tentang permohonan penetapan perwalian anak Nomor 30/Pdt.P/2022/PA.YK terhadap hilangnya kekuasaan orang tua dalam perspektif maqashid syari’ah, kedua orang tua yang telah meninggal dunia, tetapi masih memiliki anak di bawah umur yang ditinggalkan. Tujuan penelitian ini untuk memahami, mengetahui, dan menemukan hasil dari penelitian yang telah dilakukan, bahwa perwalian anak melalui putusan pengadilan yang telah ada, perwalian dan hak asuh anak apabila kekuasaan perwalian orang tua terhadap anak telah hilang karena orang tua meninggal dunia, tetapi masih memiliki anak di bawah umur. Artikel ini menggunakan jenis penelitian lapangan, pendekatan penelitian normatif-yuridis, dan bersifat deskriptif-analitik. Hasil dari penelitian ini menjelaskan bahwa penetapan dan penunjukan wali untuk anak di bawah umur ini dengan memperhatikan tata cara dan syarat penunjukan wali, Undang-undang Perkawinan Pasal 50, 51, dan 53 dan Kompilasi Hukum Islam Pasal 107 dan 109. Selain itu, PP No 29 Tahun 2019 tentang Syarat dan Tata Cara Penunjukan Wali dan UU No 35 Tahun 2014 tentang Perlindungan Anak, juga dijadikan pertimbangan dalam menjadikan wali untuk anak di bawah umur. Penetapan pengadilan berdasarkan pada Teori Maqasid Syari’ah belum sesuai dengan tujuan teori hukumnya, tidak memenuhi pada unsur pokoknya, yang meliputi pada Pemeliharaan Jiwa, Pemeliharaan Keturunan, dan Pemeliharaan Harta yang sesuai dengan konteks Permohonan Perwalian ini
PERMOHONAN PENETAPAN PERWALIAN TERHADAP DICABUTNYA KEKUASAAN ORANG TUA DALAM PERSPEKTIF MAQASHID SYARI’AH (STUDI TERHADAP PENETAPAN PENGADILAN AGAMA YOGYAKARTA NOMOR 30/Pdt.P/2022/PA.YK)
No full textGuardianship is defined as another person as a substitute for parents, who
according to law is required to supervise and represent a child who is not yet an
adult, including the child himself and his assets. Guardians have the same duties
and obligations as parents towards children. Not just anyone can become a child's
guardian, there are sequences and conditions that must be met in order to be
appointed as a guardian. In 2022 at the Yogyakarta Religious Court, there is an
application for a guardianship determination with Case Number
30/Pdt.P/2022/PA.YK, that the Petitioner here is the child's uncle. The child to be
guardianship, the father and mother have died due to illness, and are still leaving
behind 1 (one) minor child who is under the care and care of his uncle. This
application is also intended to arrange the transfer or transfer of BPJS rights on
behalf of the mother of the child, and arrange scholarships on behalf of the child.
The judge's consideration in appointing and determining the child's guardian has
been based on aspects of certainty, fairness, and legal benefits.
This type of research was carried out by field research and using
qualitative research, searching for and compiling the results of interviews, and
literature study. The nature of this research is descriptive-analytic, explaining the
problem by providing an analysis of solving and solving the problem. The
research approach used is normative juridical, based on the explanation of the
Qur'an and laws and regulations. Data collection through interviews, observation
and literature study.
Based on the results of the research, this thesis explains that (1) The
judge's consideration in the Yogyakarta Religious Court Decision Number
30/Pdt.P/2022/PA.YK looked at the documentary evidence and 2 witnesses
presented by the Petitioner. Paying attention to the Marriage Law Articles 50, 51
and 53 and the Compilation of Islamic Law (KHI) Articles 107 and 109. In
addition, the judge also referred to PP No. 29 of 2019 concerning Requirements
and Procedures for Appointing Guardians, and Law No. 35 of 2019 2014
concerning Child Protection. As well as seeing, who the child has the closest
affinity with. (2) The decision of the Panel of Judges based on the Maqasid
Syari'ah Theory is not in accordance with the objectives of legal theory and its
main elements, where the Panel of Judges in making a decision on a guardianship
application has not explained in detail and in writing regarding the protection of
assets owned by children, as well as rights and obligations the guardian is not
explained, which is feared will experience difficulties in processing the law if
there is a violation of the rules
LEGAL SYSTEM THEORY TERHADAP URGENSI MEDIASI DALAM PERTAHANAN KEUTUHAN KELUARGA PERKARA PERCERAIAN (STUDI KASUS DI PENGADILAN AGAMA KLATEN)
No full textMediation at the Klaten Religious Court is carried out according to the provisions of PERMA No 1 of 2016, however, the practice and reality in the field, the implementation of mediation at the Klaten Religious Court can run optimally and effectively starting in 2022 and 2023. The practice of implementing mediation at the Klaten Religious Court in 2022 and 2023 received the Supreme Court award as the best religious court in implementing mediation, with a mediation success rate of 64.26% in 2023, and a success rate of 45.87% in 2022. This appears and there is a difference in the policy of implementing PERMA No 1 of 2016 in the Klaten Religious Court, because the implementation of mediation which initially could not run optimally and effectively until finally it can run optimally and become an award recipient as a religious court with the best success rate in mediation, even though PERMA No 1 of 2016 has been implemented since it was passed. Based on this, the problem that will be analysed in this research is the mediation policy from year to year after the implementation of PERMA No. 1 of 2016 concerning mediation procedures at the Klaten Religious Court, as well as Lawrence M. Friedman's legal system theory on the implementation of the implementation of PERMA No. 1 of 2016 so that it can strengthen and optimise the implementation of mediation at the Klaten Religious Court.
This research uses Lawrence M. Friedman's legal system theory, which is based on three main elements in the legal system, namely the structure of law, the substance of the law, and legal culture. This type of research uses field research with an empirical juridical approach, while the data analysis method used is descriptive analytic. In the data collection method, the authors used interviews, and documentation.
The results showed that the implementation of mediation at the Klaten Religious Court was initially carried out by judge mediators, then over time cooperation with non-judge mediators / employees was carried out. In addition, the availability of Mediation Room infrastructure that is representative and meets the standards, and the Standard Operating Procedure (SOP) for mediation services approved by the Chairman of the Klaten Religious Court. This is a new policy carried out in the hope that future mediation can run more effectively and optimally. According to Lawrence M. Friedman's legal system theory, the implementation of PERMA No. 1 of 2016 concerning Mediation Procedures at the Klaten Religious Court includes 3 elements of the legal system, namely legal structure including human resources, supporting facilities, and SOPs, legal substance including the obligation to implement mediation, flexibility of mediation time, and indicators of mediation success, and legal culture, including awareness and good faith of the parties, psychological and familial approaches in mediation, and the role of mediators in the success of mediation
