PERMOHONAN PENETAPAN PERWALIAN TERHADAP DICABUTNYA KEKUASAAN ORANG TUA DALAM PERSPEKTIF MAQASHID SYARI’AH (STUDI TERHADAP PENETAPAN PENGADILAN AGAMA YOGYAKARTA NOMOR 30/Pdt.P/2022/PA.YK)

Iskarima Rahmawati, NIM.: 19103050035 (2023) PERMOHONAN PENETAPAN PERWALIAN TERHADAP DICABUTNYA KEKUASAAN ORANG TUA DALAM PERSPEKTIF MAQASHID SYARI’AH (STUDI TERHADAP PENETAPAN PENGADILAN AGAMA YOGYAKARTA NOMOR 30/Pdt.P/2022/PA.YK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

[img]
Preview
Text (PERMOHONAN PENETAPAN PERWALIAN TERHADAP DICABUTNYA KEKUASAAN ORANG TUA DALAM PERSPEKTIF MAQASHID SYARI’AH (STUDI TERHADAP PENETAPAN PENGADILAN AGAMA YOGYAKARTA NOMOR 30/Pdt.P/2022/PA.YK))
19103050035_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version

Download (5MB) | Preview
[img] Text (PERMOHONAN PENETAPAN PERWALIAN TERHADAP DICABUTNYA KEKUASAAN ORANG TUA DALAM PERSPEKTIF MAQASHID SYARI’AH (STUDI TERHADAP PENETAPAN PENGADILAN AGAMA YOGYAKARTA NOMOR 30/Pdt.P/2022/PA.YK))
19103050035_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version
Restricted to Registered users only

Download (6MB) | Request a copy

Abstract

Guardianship is defined as another person as a substitute for parents, who according to law is required to supervise and represent a child who is not yet an adult, including the child himself and his assets. Guardians have the same duties and obligations as parents towards children. Not just anyone can become a child's guardian, there are sequences and conditions that must be met in order to be appointed as a guardian. In 2022 at the Yogyakarta Religious Court, there is an application for a guardianship determination with Case Number 30/Pdt.P/2022/PA.YK, that the Petitioner here is the child's uncle. The child to be guardianship, the father and mother have died due to illness, and are still leaving behind 1 (one) minor child who is under the care and care of his uncle. This application is also intended to arrange the transfer or transfer of BPJS rights on behalf of the mother of the child, and arrange scholarships on behalf of the child. The judge's consideration in appointing and determining the child's guardian has been based on aspects of certainty, fairness, and legal benefits. This type of research was carried out by field research and using qualitative research, searching for and compiling the results of interviews, and literature study. The nature of this research is descriptive-analytic, explaining the problem by providing an analysis of solving and solving the problem. The research approach used is normative juridical, based on the explanation of the Qur'an and laws and regulations. Data collection through interviews, observation and literature study. Based on the results of the research, this thesis explains that (1) The judge's consideration in the Yogyakarta Religious Court Decision Number 30/Pdt.P/2022/PA.YK looked at the documentary evidence and 2 witnesses presented by the Petitioner. Paying attention to the Marriage Law Articles 50, 51 and 53 and the Compilation of Islamic Law (KHI) Articles 107 and 109. In addition, the judge also referred to PP No. 29 of 2019 concerning Requirements and Procedures for Appointing Guardians, and Law No. 35 of 2019 2014 concerning Child Protection. As well as seeing, who the child has the closest affinity with. (2) The decision of the Panel of Judges based on the Maqasid Syari'ah Theory is not in accordance with the objectives of legal theory and its main elements, where the Panel of Judges in making a decision on a guardianship application has not explained in detail and in writing regarding the protection of assets owned by children, as well as rights and obligations the guardian is not explained, which is feared will experience difficulties in processing the law if there is a violation of the rules.

Item Type: Thesis (Skripsi)
Additional Information: Pembimbing: Ahmad Syaifudin Anwar, M.H.
Uncontrolled Keywords: Anak di Bawah Umur, Perwalian Anak, Maqashid Syari’ah
Subjects: Hukum Keluarga
Hukum Islam > Fiqih > Pernikahan
Divisions: Fakultas Syariah dan Hukum > Hukum Islam (S-1) > Hukum Keluarga
Depositing User: Muh Khabib, SIP.
Date Deposited: 02 Mar 2023 09:47
Last Modified: 02 Mar 2023 09:47
URI: http://digilib.uin-suka.ac.id/id/eprint/56814

Share this knowledge with your friends :

Actions (login required)

View Item View Item
Chat Kak Imum