@mastersthesis{digilib65992,
           month = {May},
           title = {PENETAPAN PERWALIAN ORANG TUA KANDUNG TERHADAP ANAK DI BAWAH UMUR (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI TAHUN 2020-2023)},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 22203011062 Faqih Thariqu Billah, S.H},
            year = {2024},
            note = {Pembimbing: Prof. Dr. H. Riyanta, M. Hum},
        keywords = {Putusan Hakim, Perwalian Orang Tua, Anak di Bawah Umur},
             url = {https://digilib.uin-suka.ac.id/id/eprint/65992/},
        abstract = {Guardianship has been explained in Article 47 paragraph (1) and paragraph (2) of Law Number 1 of 1974 concerning Marriage, that children who are not yet legally competent have all their legal actions supervised by their parents. Even though the law clearly states that parents have the role of guardians for their biological children, they are responsible for the child's life and property. However, the reality does not match this description, the facts on the ground show that there is a discrepancy between civil practice and the provisions of the law that have been established. Many incidents in the field show that existing civil practices do not support the implementation of this law. There were 7 cases of guardianship requests that occurred from 2020-2023 at the Wonosari Religious Court, with details of 6 decisions regarding the legality of managing inherited land belonging to their children and 1 decision for the purposes of managing retiree savings at Bank BRI Wonosari Branch in the form of child support from retiree savings. This research intends to analyze the reasons and legal considerations for decisions, examine the disparity between the implementation of the law and civil practice and examine the value of legal justice, legal certainty and legal benefits.
The type of research used by the author is a case study at the Wonosari Religious Court (field research). This research examines and analyzes the decisions of the Wonosari Religious Court from 2020-2023 regarding parental guardianship of their biological children who are underage. The research approach used is the juridical-empirical method. Using juridical-empirical research to examine the sustainability of normative legal practice in determining guardianship at the Wonosari Religious Court. The theoretical framework used to analyze is the theory of legal discovery, progressive legal theory and the theory of legal objectives (triad).
The results of this research, firstly, the judge's decision regarding the determination of parental guardianship over their biological child is reviewed using the theory of legal discovery, creating a new law because the legal provisions are outside the law. Second, the judge's decision is not only focused on legal positivism so that legal performance and quality improves, but the judge's decision goes beyond the provisions of the applicable law. Third, the guardianship decision does not contain all three legal aspects. Legal justice and legal benefits are manifested in it, but not legal certainty}
}