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HAK PERWALIAN TERHADAP ANAK YATIM PIATU (ANALISIS PENETAPAN MASLAHAH MURSALAH PENGADILAN AGAMA DEPOK NO. 403/PDT.P/2023/PA.DPK)
This study comprehensively discusses guardianship rights for orphans as regulated by Depok Religious Court Decision Number 403/Pdt.P/2023/PA.Dpk. The main focus of this study is to understand the legalization process and factors that influence the court's decision in determining the best guardian for the orphan. In the context of Indonesian law, particularly within the religious court system, the guardianship mechanism is based on Islamic sharia principles, as well as the protection of children's rights as stipulated in the Child Protection Act and related regulations. The research method employed in this study is field research (field search) with a qualitative research approach. Data collection in this study was conducted using documentation and interviews. This method describes the right of guardianship in the Depok Religious Court Decision No. 403/Pdt.p/2023/PA.Dpk, and the perspective approach used in this study is normative-legal. The research analysis process uses a qualitative method that analyzes the Depok Religious Court decision files. Based on the analysis of the Depok Religious Court decision No. 403/Pdt.P/2023/PA.Dpk, the panel of judges ruled that the uncle is entitled to become the guardian of the child left behind by both parents and has met the requirements under Islamic law. This guardianship decision also greatly helps the child to receive the pension left by the father and obtain suitable housing, family support, and mental stability. The research findings indicate that although there are regulations governing guardianship rights, their implementation still faces various challenges, including low public awareness and insufficient government support. Therefore, collaborative efforts between the government, society, and civil society organizations are needed to ensure that the rights of orphaned children are fulfilled and they receive appropriate guardianship for a better future.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
HAK PERWALIAN TERHADAP ANAK YATIM PIATU (ANALISIS PENETAPAN MASLAHAH MURSALAH PENGADILAN AGAMA DEPOK NO. 403/PDT.P/2023/PA.DPK) (Text)
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