Juridical Review Of Determination Of Underwriting Underwriters Post -Divorce Related To Protection Of Aqeedah (Study Of Religious Court Decision No: 0438/Pdt.G/2014/PA.BTL)

by ADMIN 173 views

Juridical Review of Determination of Underwriting Underwriters Post-Divorce related to Protection of Aqeedah (Study of Religious Court Decision No: 0438/Pdt.G/2014/PA.BTL)

Introduction

Divorce is a complex and sensitive issue that affects not only the couple involved but also their children. In Indonesia, the determination of child custody after divorce is governed by the Marriage Law and the Compilation of Islamic Law (KHI). However, the application of these laws can be nuanced, and judges often consider various factors, including the protection of the child's creed. This article will discuss the legal provisions related to child custody after divorce, with a focus on the protection of faith, and analyze the Bantul Religious Court Decision No. 0438/Pdt.G/2014/PA.BTL.

Legal Basis and Protection of Akidah

The Marriage Law Article 45 confirms the obligation of parents to maintain children until the age of 21 years, even though their marriage has ended. Meanwhile, KHI Articles 105 and 156 explicitly establish custody of minors as mothers' rights. However, in practice, the determination of child custody can be different based on judges' considerations, including aspects of faith protection.

Protection of children's creed is an important aspect in determining custody. Article 41 letter (a) of Law No. 1 of 1974 concerning Marriage and Child Protection Act Article 1 paragraph (11) and Article 42 paragraph (1) and (2) emphasized the importance of paying attention to the interests and benefit of children's life in diversity life.

The protection of children's creed is a critical aspect in determining custody, as it is essential to ensure that the child's faith is maintained and protected. In Islamic law, the protection of faith is considered one of the primary objectives of the law (Maqashidusy Syar'iyyah). Therefore, judges often consider the ability of parents to maintain the child's faith when determining custody.

Analysis of Judges' Considerations in Decision No. 0438/PDT.G/2014/PA.BTL

Bantul Religious Court Decision No. 0438/PDT.G/2014/PA.BTL Establish child custody to fathers with the main consideration of the protection of creed. The judge sees that the father is considered more worthy of maintaining the integrity of the Islamic religion of the child. This decision refers to Maqashidusy Syar'iyyah (the purpose of Islamic law), namely maintaining the integrity of Islam.

The decision highlights the importance of considering the protection of faith in determining custody. However, it is essential to note that the protection of faith is not the only determinant factor in determining custody. Other factors, such as the ability of parents in caring, emotional closeness, child's desire, and residential environment, must also be considered.

Considerations to Note

Although the protection of creed is the main consideration, the determination of child custody must consider various other factors. These factors include:

*** The ability of parents in caring **: economic, physical, and psychological abilities of parents in caring for children need to be evaluated. *** Emotional closeness **: The emotional closeness of children with each parent is an important consideration. *** Child's desire **: If the child is old enough and has the ability to determine, his desire needs to be considered. *** Residential environment **: a safe and comfortable residence environment for children is a determining factor.

These factors are essential in determining the best interests of the child and ensuring that the child's needs are met. Judges must carefully consider these factors when determining custody, in addition to the protection of faith.

CONCLUSIONS AND SUGGESTIONS

Determination of child custody after divorce is a complex process that requires careful consideration, including aspects of faith protection. Bantul Religious Court Decision No. 0438/Pdt.G/2014/PA.BTL shows that judges can consider aspects of creed in determining custody, but keep in mind that the protection of creed is not the only determinant factor. The final decision must be based on the best interests of children and pay attention to various aspects that have been mentioned.

Suggestions that can be given are the need for legal counseling and education for parents who will divorce, especially related to child custody and the importance of paying attention to aspects of creed in parenting. In addition, it is necessary to improve the quality and professionalism of judges in handling divorce cases, especially in considering the best interests of children and aspects of faith protection.

Recommendations for Future Research

Future research can focus on the following areas:

  • The impact of divorce on children's faith and well-being
  • The role of judges in determining child custody and the protection of faith
  • The development of guidelines for judges in considering the protection of faith in determining custody
  • The provision of legal counseling and education for parents who will divorce, especially related to child custody and the importance of paying attention to aspects of creed in parenting.

By conducting further research in these areas, we can gain a deeper understanding of the complexities of child custody after divorce and the importance of protecting the child's faith.
Frequently Asked Questions (FAQs) about Juridical Review of Determination of Underwriting Underwriters Post-Divorce related to Protection of Aqeedah

Q: What is the main consideration in determining child custody after divorce in Indonesia?

A: The main consideration in determining child custody after divorce in Indonesia is the protection of the child's creed, as established by the Bantul Religious Court Decision No. 0438/Pdt.G/2014/PA.BTL.

Q: What are the legal provisions related to child custody after divorce in Indonesia?

A: The legal provisions related to child custody after divorce in Indonesia are governed by the Marriage Law and the Compilation of Islamic Law (KHI). Specifically, Article 45 of the Marriage Law confirms the obligation of parents to maintain children until the age of 21 years, even though their marriage has ended. Meanwhile, KHI Articles 105 and 156 explicitly establish custody of minors as mothers' rights.

Q: What are the factors that judges consider when determining child custody?

A: When determining child custody, judges consider various factors, including:

*** The ability of parents in caring **: economic, physical, and psychological abilities of parents in caring for children need to be evaluated. *** Emotional closeness **: The emotional closeness of children with each parent is an important consideration. *** Child's desire **: If the child is old enough and has the ability to determine, his desire needs to be considered. *** Residential environment **: a safe and comfortable residence environment for children is a determining factor.

Q: What is the significance of the protection of faith in determining child custody?

A: The protection of faith is a critical aspect in determining custody, as it is essential to ensure that the child's faith is maintained and protected. In Islamic law, the protection of faith is considered one of the primary objectives of the law (Maqashidusy Syar'iyyah).

Q: What are the implications of the Bantul Religious Court Decision No. 0438/PDT.G/2014/PA.BTL?

A: The Bantul Religious Court Decision No. 0438/PDT.G/2014/PA.BTL highlights the importance of considering the protection of faith in determining custody. However, it is essential to note that the protection of faith is not the only determinant factor in determining custody. Other factors, such as the ability of parents in caring, emotional closeness, child's desire, and residential environment, must also be considered.

Q: What are the suggestions for improving the determination of child custody after divorce in Indonesia?

A: Suggestions that can be given are the need for legal counseling and education for parents who will divorce, especially related to child custody and the importance of paying attention to aspects of creed in parenting. In addition, it is necessary to improve the quality and professionalism of judges in handling divorce cases, especially in considering the best interests of children and aspects of faith protection.

Q: What are the recommendations for future research?

A: Future research can focus on the following areas:

  • The impact of divorce on children's faith and well-being
  • The role of judges in determining child custody and the protection of faith
  • The development of guidelines for judges in considering the protection of faith in determining custody
  • The provision of legal counseling and education for parents who will divorce, especially related to child custody and the importance of paying attention to aspects of creed in parenting.

By conducting further research in these areas, we can gain a deeper understanding of the complexities of child custody after divorce and the importance of protecting the child's faith.