PRAKTIK GRANDPARENTING DALAM PEMENUHAN HAK ANAK DI DESA TALKANDANG, SITUBONDO, JAWA TIMUR (Kajian dalam Perspektif Hukum Islam)

AMA FITARIAM SAFITRI, S.H., NIM. 18203010089 (2021) PRAKTIK GRANDPARENTING DALAM PEMENUHAN HAK ANAK DI DESA TALKANDANG, SITUBONDO, JAWA TIMUR (Kajian dalam Perspektif Hukum Islam). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Some parents in the family in talkandang village Situbondo give their childcare to grandparents. This transition occurs not because of divorce, death etc. as stipulated in the Marriage Act and compilation of Islamic law but the wishes and affection of grandparents to the first grandchild while parents are able to carry out childcare. The transition begins from an early childhood until the time is not agreed. In grandparenting grandparents become a substitute for parents in providing children's needs and living together. Some parents are involved and others leave full care to grandparents. If so, there does not appear to be an obligation made by parents to children whose rights are protected. Although grandparenting has a positive influence on children, there is also an impact on the fulfillment of children's rights. This research highlights the phenomenon of the transition of childcare from parents to grandparents that applies among the people of Talkandang Situbondo Village, especially related to the perspective of Marriage Law No. 1 of 1974 on Marriage and compilation of Islamic law on parental obligations in the context of grandparenting practices towards the fulfillment of children's rights. The research used by researchers is field research and is descriptive-analysis. Data collection is done with observations, interviews, and documentation. The method of interviewing is semi-structured by interviewing the perpetrator or parent who transferred childcare to grandparents in this case the mother and interview to the grandmother in question which amounted to ten people or five families. Data from the collected field is studied through a legal norm (juridical) approach and for that this research is an empirical juridical study. To analyze it the author uses the theory of Legal Awareness. From the results of the analysis of data with this juridical approach can be concluded: First, the system of transition of parenting in the practice of grandparenting towards the fulfillment of children's rights that applies in the village of Talkandang Situbondo is divided into two types or patterns, namely a. Transition with parental involvement, b. Transition with full parental power Second, Partial parenting transition in terms of living and education or parenting patterns that apply in Talkandang village has conformity with the Marriage Law Article 49 paragraph (2) and Compilation of Islamic Law Article 80 paragraph (4). While the transition of full parenting that applies in the village of Talkandang is not in accordance with the Marriage Law Article 45 and the Compilation of Islamic Law Article 77. Third, these two patterns of practice result in differences in impact and legal differences in judgment. For the first pattern of positive impact can be seen from the fulfillment of children's rights in the form of child welfare due to the fulfillment of children's livelihood by parents and the role of parents in providing education and or parenting patterns. The second pattern has an impact on the lack of fulfillment of children's rights in the form of neglect of children's education because parents do not take a role in grandparenting so that grandparents have difficulty in providing education.

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