Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)

This study aims to analyze in depth the protection of children after divorce through the decision of the Medan City Religious Court according to Law No. 23 of 2002. This type of research is a qualitative empirical study with a case study approach, laws and regulations in the KHI and conceptually. T...

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Main Authors: Nur'aini, Nispul Khair, Yadi Harahap
Format: Article
Language:Arabic
Published: Yayasan Pendidikan Islam dan Multikultural 2024-12-01
Series:International Journal of Islamic Education, Research and Multiculturalism
Subjects:
Online Access:https://www.journal.yaspim.org/index.php/IJIERM/article/view/399
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author Nur'aini
Nispul Khair
Yadi Harahap
author_facet Nur'aini
Nispul Khair
Yadi Harahap
author_sort Nur'aini
collection DOAJ
description This study aims to analyze in depth the protection of children after divorce through the decision of the Medan City Religious Court according to Law No. 23 of 2002. This type of research is a qualitative empirical study with a case study approach, laws and regulations in the KHI and conceptually. The data collection methods used are interviews, observations, and documentation. The subject of the study was the head of the Medan City Religious Court. The results of the study describe that (1) The regulation of legal protection for children after divorce in the Medan City Religious Court is based on seven legal bases as rules in deciding child custody cases in the Medan City Religious Court, (2) The application of the law to child custody after divorce in the Medan City Religious Court is in accordance with Law No. 23 of 2002 concerning child protection even though there are several obstacles and barriers. The solution to overcome all of this is the need for re-socialization of the application of Law No. 23 of 2002, (3) The judge's considerations in deciding child custody after divorce in the Medan City Religious Court are based on the principles of justice, legal certainty and a problematic, social, psychological approach in order to achieve a decision that satisfies both parties.
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id doaj-art-cf5600bca44140d19815401ee98c7895
institution Kabale University
issn 2656-3630
2722-7049
language Arabic
publishDate 2024-12-01
publisher Yayasan Pendidikan Islam dan Multikultural
record_format Article
series International Journal of Islamic Education, Research and Multiculturalism
spelling doaj-art-cf5600bca44140d19815401ee98c78952025-01-04T03:22:21ZaraYayasan Pendidikan Islam dan MultikulturalInternational Journal of Islamic Education, Research and Multiculturalism2656-36302722-70492024-12-016310.47006/ijierm.v6i3.399Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)Nur'aini0Nispul Khair1Yadi Harahap2Universitas Islam Negeri Sumatera UtaraUniversitas Islam Negeri Sumatera UtaraUniversitas Islam Negeri Sumatera Utara This study aims to analyze in depth the protection of children after divorce through the decision of the Medan City Religious Court according to Law No. 23 of 2002. This type of research is a qualitative empirical study with a case study approach, laws and regulations in the KHI and conceptually. The data collection methods used are interviews, observations, and documentation. The subject of the study was the head of the Medan City Religious Court. The results of the study describe that (1) The regulation of legal protection for children after divorce in the Medan City Religious Court is based on seven legal bases as rules in deciding child custody cases in the Medan City Religious Court, (2) The application of the law to child custody after divorce in the Medan City Religious Court is in accordance with Law No. 23 of 2002 concerning child protection even though there are several obstacles and barriers. The solution to overcome all of this is the need for re-socialization of the application of Law No. 23 of 2002, (3) The judge's considerations in deciding child custody after divorce in the Medan City Religious Court are based on the principles of justice, legal certainty and a problematic, social, psychological approach in order to achieve a decision that satisfies both parties. https://www.journal.yaspim.org/index.php/IJIERM/article/view/399LegalProtectionChildrenDivorce
spellingShingle Nur'aini
Nispul Khair
Yadi Harahap
Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)
International Journal of Islamic Education, Research and Multiculturalism
Legal
Protection
Children
Divorce
title Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)
title_full Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)
title_fullStr Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)
title_full_unstemmed Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)
title_short Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002)
title_sort legal protection for children after divorce through the decision of the religious court of medan city analysis of child protection law no 23 of 2002
topic Legal
Protection
Children
Divorce
url https://www.journal.yaspim.org/index.php/IJIERM/article/view/399
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AT nispulkhair legalprotectionforchildrenafterdivorcethroughthedecisionofthereligiouscourtofmedancityanalysisofchildprotectionlawno23of2002
AT yadiharahap legalprotectionforchildrenafterdivorcethroughthedecisionofthereligiouscourtofmedancityanalysisofchildprotectionlawno23of2002