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KEADILAN SUBSTANTIF DALAM PUTUSAN HAK ASUH ANAK PUTUSAN PENGADILAN AGAMA SLEMAN DAN KOTA YOGYAKARTA
This research is motivated by the increasing number of divorce cases and child custody (hadhanah) disputes within the Religious Courts, particularly at the Religious Court of Sleman and the Religious Court of Yogyakarta City. Child custody disputes do not only have juridical implications but also generate serious impacts on children’s psychological conditions, emotional stability, and the continuity of their relationships with both parents. Therefore, the resolution of hadhanah cases should not merely emphasize legal certainty, but must also prioritize substantive justice that upholds the best interest of the child. This study focuses on analyzing the forms of judicial decisions and judges’ legal considerations in child custody cases at both courts, as well as examining their implications for the protection of children’s rights after divorce. This research employs a normative legal research method using the statute approach, case approach, and conceptual approach. The sample consists of ten court decisions, comprising five decisions from the Religious Court of Sleman and five decisions from the Religious Court of Yogyakarta City. The theoretical framework is grounded in the concept of hadhanah in Islamic law, the principle of the best interest of the child as an international standard of child protection, and the theory of substantive justice as an analytical tool to assess the extent to which judicial decisions provide effective protection for children’s rights within the context of family law adjudication. This study concludes that substantive justice in child custody (hadhanah) cases at the Religious Courts of Sleman and Yogyakarta is equally oriented toward the principle of the best interests of the child, yet implemented through different interpretative models. The Sleman court applies an evaluative-contextual approach by emphasizing a concrete assessment of parenting capacity and environmental stability, thereby allowing greater flexibility in determining custody. In contrast, the Yogyakarta court adopts a relational-stability model that prioritizes continuity of care and the child’s psychological protection following divorce. These differences demonstrate that substantive justice in religious court practice is elastic and contextual, evolving through the judges’ interpretative paradigms in translating the best interests of the child into operational judicial decisions.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040154 Sal Sabila Khoirotunnisa Utami
KEADILAN SUBSTANTIF DALAM PUTUSAN HAK ASUH ANAK PUTUSAN PENGADILAN AGAMA SLEMAN DAN KOTA YOGYAKARTA (Text)
HTML Summary of #76643 KEADILAN SUBSTANTIF DALAM PUTUSAN HAK ASUH ANAK PUTUSAN PENGADILAN AGAMA SLEMAN DAN KOTA YOGYAKARTA
297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)