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PARTISIPASI KUA DALAM MELINDUNGI HAK ANAK PADA PERNIKAHAN KEMBALI ORANG TUA (STUDI KASUS DI KUA KECAMATAN LUBUK ALUNG)
Remarriage is a widespread social phenomenon in Indonesia and has complex implications, particularly in terms of fulfilling the rights of children from previous marriages. Although the Office of Religious Affairs (KUA) has a strategic position in the administration of marriages, the role of this institution in protecting children's rights in the context of remarriage is not regulated by law. This study aims to explore how the KUA of Lubuk Alung District participates in protecting children's rights in their parents' remarriage and to examine the reasons behind this institution's involvement. This is a qualitative study using field research methods. The study is descriptive-analytical in nature and is explained using a legal-philosophical approach. The data sources consist of primary data in the form of in-depth interviews with the penghulu and head of the KUA, as well as secondary data in the form of internal KUA documents and related scientific literature. Data analysis was carried out in five stages: reduction, presentation, thematic analysis, interpretation, and conclusion drawing. Data interpretation was tested using maqashid syari'ah and sadd al-dzariah. This study shows that the KUA of Lubuk Alung District proactively exceeds its formal authority to protect children's rights in their parents' remarriage, an action born out of regulatory gaps. Intervention measures such as assessment, mediation, and requesting the child's consent are legitimised through legitimate discretionary authority under the Administrative Government Law, which allows the KUA to interpret the noble values of the Marriage Law, the Compilation of Islamic Law, and the Child Protection Law to prevent potential neglect. The philosophical foundation of the KUA's actions is deeply rooted in the principle of Maqasid al-Syari'ah, which is realised through the protection of children's primary needs (life, intellect, lineage), and the concept of sadd al-dzari'ah, which functions as a preventive mechanism to block paths leading to harm such as psychological trauma and family conflicts that children may face. Ultimately, this initiative transforms the role of the KUA from merely an administrative institution into an institution aimed at substantively realising a harmonious family by prioritising the best interests of the child.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 2320301192 Syarif Hidayatullah, S.H
PARTISIPASI KUA DALAM MELINDUNGI HAK ANAK PADA PERNIKAHAN KEMBALI ORANG TUA (STUDI KASUS DI KUA KECAMATAN LUBUK ALUNG) (Text)
PARTISIPASI KUA DALAM MELINDUNGI HAK ANAK PADA PERNIKAHAN KEMBALI ORANG TUA (STUDI KASUS DI KUA KECAMATAN LUBUK ALUNG) (Other)
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346.01 Hukum Keluarga - Hukum Pernikahan