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VOL. 11, ISSUE 1 (2025)
Legal protection for the fulfillment of children's rights in divorce cases in the Jantho Syariah Court
Authors
Nurul Iman, Ilyas Yunus, Efendi
Abstract
Divorce is divided into two types, namely
Divorce by Talak and Divorce by Lawsuit. Divorce by Talak is regulated in
Article 114 of the KHI which states that "The termination of a marriage
due to divorce can occur through talak or based on a divorce lawsuit."
Furthermore, Article 129 of the KHI explains that "A husband who wishes to
divorce his wife must submit an application, either verbally or in writing, to
the competent Religious Court in the area where the wife lives, accompanied by
reasons and a request for a hearing to be held." Meanwhile, Divorce by
Lawsuit is regulated in Article 132 Paragraph 1 of the KHI which states that a
divorce lawsuit can be filed by the wife or her attorney to the Religious Court
in the Plaintiff's place of residence, unless the wife leaves the residence
without her husband's permission. the court only has the authority to determine
who and with whom the child will be cared for in the future after the verdict
is made, thus giving responsibility to the Jantho Sharia Court. The truth is
that the verdict can be realized in all aspects of society or even become a
boomerang later because of the many verdicts after the trial that were not
declared to have run in accordance with the verdict, even inversely due to
social factors in the community itself, especially regarding child custody. The
research method used in this study is an empirical legal research type, the
data obtained is primary data through interviews in the field.
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Pages:1-5
How to cite this article:
Nurul Iman, Ilyas Yunus, Efendi "Legal protection for the fulfillment of children's rights in divorce cases in the Jantho Syariah Court". International Journal of Law, Vol 11, Issue 1, 2025, Pages 1-5
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