scholarly journals PENEGAKAN HUKUM TERHADAP HAK ASUH ANAK AKIBAT PERCERAIAN DALAM PRAKTIK PERADILAN DI BALI

Author(s):  
Ni Nyoman Sukerti

Our research aims to find and analyze the laws applied by judge to custody of children due to divorce related to the enactment of legal pluralism. Related to this, the issues raised in this research are: 1). What law applied by judges to child custody  of divorce related to the enactment of legal pluralism?  2). What factors are the basis for consideration of the judge in determined custody of children divorce?. The results showed that the judge in determined custody of children of divorce apply national law. That is child to custody by mother may or paternal. Children who are under the care of the mother did not lose the right to inherit the father's side. The factors on which the consideration of the judge in determining child custody is a national marriage law, the cause of the divorce, and ensuring the interests the future of children, parenting by mothers did not abort child right inherit the father's side. The conclusion that the judge in determined the custody of children due to divorce apply national law. The factors on which the consideration of the judge in determining child custody is a national law, the cause of the divorce, and ensuring the interests of future child, parenting did not abort of child in her father's right to inherit.

2020 ◽  
Vol 1 (2) ◽  
pp. 244-259
Author(s):  
Sry Yulianti ◽  
Ma'ruf Hafidz ◽  
Dachran S Busthami

Tujuan penelitian menganalisis Efektifitas Putusan Hak Asuh Anak dan Pertimbangan Hakim di Pengadilan Agama Polewali Mandar dalam memberikan hak pemeliharaan atau hak asuh anak kepada salah satu dari orang tuanya. Penelitian ini menggunakan pendekatan penelitian empiris  Hasil penelitian menunjukkan bahwa: (1) evektifitas putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar No.195/Pdt.G/2020/PA.Plw terlaksana sudah efektif karna dilaksanakan dengan baik dan memenuhi syarat sesuai dengan putusan Pengadilan Agama dalam pemenuhan hak asuh anak; (2)  faktor-faktor yang mempengaruhi putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar , yaitu faktor agama dan faktor materi. Pertimbangan hakim dalam menetapkan hak pemeliharaan anak atau hak asuh anak, selain pertimbangan hukum yang dilakukan, hakim juga melihat kepentingan-kepentingan anak, supaya hak pemeliharaan anak atau hak asuh anak tepat kepada siapa di dapatkan. Hakim juga menggunakan hadist Al-Qur’an dalam mempertimbangkan putusan tentang hak asuh anak. This study aims to analyze the implementation of legal protection against children through diversion The research objective is to analyze the effectiveness of child custody decisions and judges' judgments at the Polewali Mandar Religious Court in providing custody or custody of children to one of the parents. This study uses an empirical research approach. The results show that: (1) the effectiveness of the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court No.195 / Pdt.G / 2020 / PA.Plw has been implemented effectively because it is implemented well and fulfills requirements in accordance with the decision of the Religious Court in fulfilling child custody rights; (2) the factors affecting the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court, namely religious factors and material factors. Judges considerations in determining child care or child custody rights, in addition to the legal considerations made, the judge also looks at the interests of the child, so that the right to care for the child or the right to custody of the child is right to whom it is obtained. The judge also used the hadith from the Qur'an in considering decisions about child custody.


2020 ◽  
pp. 122-133
Author(s):  
Zablockyi

The article substantiates the urgency of the problem of forming the professional readiness of the future social worker to work in alternative forms of state custody of children. Different approaches of scientists to determine the nature and structure of professional readiness are analyzed. It is noted that the professional readiness of the future social worker to work in alternative forms of child custody is an important integrative quality and stable personal characteristics of the future specialist, which is manifested in his ability to carry out effective professional activities in alternative forms of child custody and is the result of his training. The specified type of activity in the institution of higher education. The types are determined, the structure is clarified and the components, criteria and indicators of professional readiness of the future social worker to work in alternative forms of state custody of children are characterized. Key words: social sphere, future specialist, professional activity, readiness, readiness structure, components, criteria, indicators.


2011 ◽  
Vol 14 (3) ◽  
pp. 142 ◽  
Author(s):  
Raja R. Gopaldas ◽  
Faisal G. Bakaeen ◽  
Danny Chu ◽  
Joseph S. Coselli ◽  
Denton A. Cooley

The future of cardiothoracic surgery faces a lofty challenge with the advancement of percutaneous technology and minimally invasive approaches. Coronary artery bypass grafting (CABG) surgery, once a lucrative operation and the driving force of our specialty, faces challenges with competitive stenting and poor reimbursements, contributing to a drop in applicants to our specialty that is further fueled by the negative information that members of other specialties impart to trainees. In the current era of explosive technological progress, the great diversity of our field should be viewed as a source of excitement, rather than confusion, for the upcoming generation. The ideal future cardiac surgeon must be a "surgeon-innovator," a reincarnation of the pioneering cardiac surgeons of the "golden age" of medicine. Equipped with the right skills, new graduates will land high-quality jobs that will help them to mature and excel. Mentorship is a key component at all stages of cardiothoracic training and career development. We review the main challenges facing our specialty�length of training, long hours, financial hardship, and uncertainty about the future, mentorship, and jobs�and we present individual perspectives from both residents and faculty members.


2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp


Author(s):  
Asha Bajpai

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.


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