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HAK-HAK ANAK DALAM KELUARGA POLIGAMI SIRI (STUDI KASUS DI 3 PESANTREN JAWA TIMUR)
Polygamy in general public is often limited, but pesantren communities manage to conduct polygamy easily without significant obstacles. Furthermore, some people feel proud if their daughters are married to someone from the pesantren as a second, third, or fourth wife. Polygamy in pesantren is often conducted secretly, without state administrative records, which harms many parties, especially children born from such marriages. This study focuses on the experiences of ten children from polygamous siri marriages in pesantren in East Java. Data were collected through field studies involving observation and direct interviews with the subjects. The data are presented descriptively and analytically using a juridical phenomenological approach cum ‘urf. Data analysis was conducted using the theory of legal certainty and 'urf. The results show that seven out of ten children from polygamous siri marriages in pesantren feel that their rights are not fully met according to the Child Protection Act, especially in the psychological aspects affected by the discrimination they experience. Meanwhile, other children feel that their rights are fulfilled, but the psychological effects they feel are not much different from the other seven. Radburch's three basic values have not been fully accommodated due to the complexity of unregistered polygamous marriages, discrimination, and social conditions. These are primary factors affecting children's rights fulfillment. The Child Protection Act establishes basic rights that must be fulfilled by parents and the state. However, in the context of 'urf or local customs, the children experienced at polygamous siri practices are often accepted and considered normal by the pesantren community. As a result, their interests and welfare which should be the absolute right of every child without exception cannot be realized. these customary norms sometimes dominate positive law in determining the treatment of children.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21203012009 Dimas Abdul Fatah Salamon, S.H.
HAK-HAK ANAK DALAM KELUARGA POLIGAMI SIRI (STUDI KASUS DI 3 PESANTREN JAWA TIMUR) (Text)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)