scholarly journals Reality of Indonesian Marriage Law Concerning Post-Divorce Child Custody

Radiant ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 152-160
Author(s):  
M. Taufan Perdana Putra ◽  
M. Alfaris

This paper re-constructs how the reality of Indonesian marriage law is related to the decision on child rights disputes after divorce. Ideally, marriage wants the couple to be a happy and lasting family bond without ending in divorce. Legal events such as divorce, instead of being a solution to family problems, will actually cause new problems such as property or child disputes. The purpose of this study is to reveal how the reality of marriage law works, especially with regard to court decisions regarding child custody disputes. descriptive-analytical research method, an in-depth academic search related to this issue is certainly still a must, given the importance of this study as a means and recommendation to related parties in anticipating and reducing the reality of the high divorce rate in Indonesia. The panel of judges can break away from normative regulatory ties as long as it will bring justice and benefit to children. Child custody, for certain reasons such as the principle of appropriateness and propriety, even though juridically if before the child is 12 years old, custody of the child is in the power of the mother, it can fall to the father as long as the panel judges with sufficient evidence and testimony. However, this attitude still has a claim of legality from both theoretical sources and statutory regulations, and even becomes a reflection of the accommodation of the family relationship pattern entity that still upholds local cultural values.

2014 ◽  
Vol 8 (2) ◽  
pp. 116 ◽  
Author(s):  
Roberto Masami Prabowo ◽  
Sheddy Nagara Tjandra

Article described capitalist social life of modern Japanesse that was having individualistic characteristic. This high indivialistic life affected the availability of disconnected family life called muenshakai (無縁社会). This phenomenon caused social and economic shifts in the Japanese family. This research used qualitative approach elaborated in descriptive analysis. The object of research or data corpus was the problem of a decline in Japan population in terms of the breakdown of the family. The research results indicated that muenshakai phenomenon has emerged in Japan caused by some sequential events, those are: the 2nd World War “legacy”, the availability of baby boom, the abolition of shūshinkoyō (終身雇用), the decreasing of marital rate, the increasing of divorce rate, the decreasing of bith rate (少子化), and the lost of family relationship. It can be concluded that the urban individualistic life style is able to change the traditional thinking pattern into oportunistic one that becomes one of the causal factors of muenshakai phenomenon.


2011 ◽  
Author(s):  
Ferreira Fernanda Cruz Vieira ◽  
Rossini Danielle ◽  
Braga Edilson de Oliveira ◽  
Blasquez Fabiano ◽  
Tavares Hermano

2018 ◽  
Vol 3 (2) ◽  
pp. 200
Author(s):  
Hardiyanti Munsi ◽  
Ahmad Ismail

This article intends to identify and to describe the unique structure and the managing style that owns primordial characteristics, that is giving significance to kinship, religion, and local Bugis cultural values, which made up the cultural system of PT. Hadji Kalla family business. Theoritically, this research was inspired from Weberian perspective on the ideal types of bureaucracy, that observes organizations (in this case is the family business) as one of the socio-cultural phenomena which is neutral and value-free, that is place aside its subjective aspects. The research was conducted in two locations, the head office and one of the branch offices using qualitative approach that relies on participant observation, in-depth interviews, and literature studies. The results of the research shows that the family business of PT. Hadji Kalla that has advanced into national level still prioritizes kinship, ethnicity, and religious aspects in the daily activities of the company. The value even take parts in providing the company’s colour to the urban societies in various districts where the company stands. This means that although the society has undergone transformations, it doesn’t mean that the primordial value, and the elements that exist outside of businesses (such as kinship, big men, religion, cultural values, and interest) do not influence the activities that are held in formal organizations. Therefore, the interventions of subjective aspects will always appear, followed with the application of the modern management system that is implemented by PT. Hadji Kalla company.


Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.


Author(s):  
Elena Calegari ◽  
Enrico Fabrizi ◽  
Chiara Mussida

AbstractThe 2030 Agenda of the United Nations clearly sets the inclusion of persons with disabilities in the labour market as a main goal. However, especially in care welfare systems characterized by a low level of social services, disability not only impacts the labour market participation of disabled people themselves but may also affect the labour opportunities of other members of their household. Using EU-SILC data to compute individual work intensity-as a better measure of the actual level of labour attainment-this paper aims to disentangle direct and indirect correlations between disability and labour market participation in Italian households. In confirming the negative direct correlation between disability and labour market participation, the results also show a negative indirect correlation that depends on the family relationship between the disabled person and household members.


2019 ◽  
Vol 4 (1) ◽  
pp. 41-49
Author(s):  
Meriati Bunga Arta Purba

Based on the research by the Sexuality and Gender Study Center of University of Indonesia, the rate of early marriage in Indonesia is the second highest in Southeast Asian in which 2 million out of 7.3 million women below 15 years old are married and drop out from school. Early marriage hinders them from going to school, causes pregnancy and birth complication, impedes the achievement of KB (Family Planning) Program and increases divorce rate. Goals : The objective of the research was to discover the correlation of value of virginity, knowledge and trust with early marriage at Dusun I Desa Baru. Methods: This is an observational analytical research with cross sectional design. It was done at Dusun I Desa Baru, Pancur Batu Subdistrict from November, 2017 until February, 2018. The population covered the teenagers below 20 years old which was all taken as the research samples i.e. 139 people. The dependent variable was early marriage, while the independent variables were parent income, trust, knowledge and value of virginity. The data were collected through questionnaires. Multiple logistic regression testing was employed to analyze the data. Result : The research results demonstrated that the variable with the most dominant influence was parent income at p-value = 0.006 (p<0.05) and Exp. β value = 3.675, followed by the variable of trust at p-value = 0.027 (p<0.05) and Exp. β value = 2.368, the variable of knowledge at p-value = 0.003 (p<0.05) and Exp. β value 6.064, and the variable of virginity at p-value = 0.003 (p<0.05) and Exp. Β value = 6.064. Based on these results, it was concluded that f(y) was 97%. It indicated that the probability of the variables of parent income, trust, knowledge and virginity influenced early marriage of 97.7%. Conclusion: It is recommended that the local government cooperate with local Puskesmas, Religious Figures, and Parents to conduct counseling to improve people’s knowledge of the ideal age to get married, so that they can prevent from possible problems due to early marriage and provide their children parent income at early age the importance of protecting their virginity until they get married.


2021 ◽  
pp. arabic cover-english cover
Author(s):  
علي عبد العزيز سيور

يجيب البحث عن إشكالية تتعلق بالعلاقات الأسرية من جهة الاحتكام للأعراف في النفقة والمسكن والملبس وغيرها، مما يترتب على ذلك خلافات تفضي ببعضها إلى المحاكم، وقد تنتهي بالطلاق. وقد هدف البحث إلى : 1 ـ تقديم منظومة معرفية متعلقة بدلالات العشرة بالمعروف من أجل الإسهام في إعادة تشكيل عقلية ناضجة للزوجين تضبط العلاقة بينهما عند الخلاف. 2 ـ تسليط الضوء على أبعاد وحدود المعروف نصًا والمعروف عرفًا في الأسرة. 3 ـ التأكيد على أن العشرة بالمعروف متبادلة بين كل من الزوج والزوجة، لا يقتصر هذا التكليف على واحد دون الآخر. وقد اعتمدت المنهج الاستقرائي عبر جمع الايات القرآنية ذات الصلة وذكر أقوال المفسرين والفقهاء، والمنهج التحليلي في فهم دلالات الألفاظ وتوجيهات المفسرين، والمنهج الاستنباطي بغية الوصول إلى ضوابط جامعة تخدم الهدف العام للبحث، وانتهى البحث إلى مجموعة من النتائج والتوصيات ومنها: اعتبار العرف الذي لا يخالف نصًا شرعيًا قاعدة من القواعد المعتبرة في ضبط العلاقات بين الزوجين. بشرط أن يقع تحت قدرة الزوج وطاقته، وأن يكون مما انتشر بين الناس، وينطبق على الأسرة مثله. القرآن الكريم ـ العشرة بالمعروف – العلاقة الأسرية – الحقوق بين الزوجين – العرف وأثره بين الزوجين. Summary The research answers a problem related to family relations in terms of resorting to customs in alimony, housing, clothing, and others...which results in disputes that may lead to some of them in the courts and may end in divorce. The aim of the research was to 1 - presenting a knowledge system related to the semantics of the good-natured in order to contribute to reshaping a mature mentality of the spouses that controls the relationship between them in the event of disagreement. 2 - and to shed light on the dimensions and limits of what is textually known and what is known by convention in the family. 3 - Emphasis on that good practice is mutual. Between both husband and wife, this assignment is not limited to one without the other. The inductive approach was adopted by collecting the relevant Qur’anic verses and mentioning the sayings of the commentators and jurists, the analytical approach in understanding the semantics of the words and the directives of the interpreters, and the deductive approach in order to reach comprehensive controls that serve the general objective of the research, and the research ended with a set of results and recommendations, including: Considering the custom that does not contradict A legal text is one of the considered rules in controlling relations between spouses. Provided that it falls under the husband’s ability and energy, and that it is something that has spread among people, and applies to the family like him. The Noble Qur’an - Ten Laws - Family Relationship - Rights between spouses - Custom and its effect between spouses.


Author(s):  
Afifah Fatihakun Ni'mah Wahidah ◽  
Muhammad Alfatih Suryadilaga

Urgency Parents have an important role for Early Childhood Education especially with the covid outbreak so that children have to learn from home. This article aims to examine the urgency of Early Childhood Education education in the perspective of hadith, especially the hadith on the obligations of parents in educating children, which is associated with conditions in the era of the Coronavirus pandemi. Family is the first and foremost education for a person. Education in the family plays a role in developing character, personality, cultural values, religious and moral values, and simple skills. There is a physical distancing policy so that learning is carried out online (in a network) so that the role of parents is very urgent in ensuring the continuity of their children's education. is the responsibility of the parents; Second, the best gift parents give their children is a good education; Third, parents as the first and foremost madrasa, especially for early childhood, are responsible for their children's education.


2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Vien The Giang ◽  
Vo Thi My Huong

The article analyzes and clarifies the position and role of business households in the system of business entities in the market economy in Vietnam. From its small-scale position, restrictions on the rights to use labor and business locations, current Vietnamese laws have established provisions to ensure equality in legal status, autonomy, and self-responsibility on business transactions of business households. However, the business household is built and managed on the basis of the family, the members of the business household both show blood relation and economic relation. Therefore, the family traditional cultural factors have a huge impact on the internal and business relations of household businesses. The traditional family relationship, and the relationship among the members (of the business household) in the business relations related to asset liability and the development support policy of the State will form the pillar to promote the development of household businesses to become an important and indispensable part of the market economy and international integration in our country currently.


2018 ◽  
Author(s):  
Rois Ainul Umah ◽  
Tian Fitriara Huda ◽  
(Prosiding Seminar Nasional FKIP Univeristas PGRI Banyuwangi

Banyuwangi is an area rich in various cultures and customs, this is because Banyuwangi district is inhabited by various ethnic groups. The majority of the sub-districts of Banyuwangi are osing tribe who live in the village of fern and urban village of rejo. Joglo building as one of the traditional Javanese buildings in it contained philosophy that suits the life of the people. The arrangement of the room in Joglo is generally divided into three parts, namely the meeting room called pendopo, the living room or the space used to hold the show called pringgitan, and the back room called dalem or omah jero as the family room. For the people of Banyuwangi especially those who still preserve the joglo house just like the osing tribe have begun to experience the shifting of its role and function where in this case joglo house serve as additional need for home decoration, private residence of the citizen, until used as permanent building of cafe and restaurant. From the description above, the researcher felt that the community did not understand the function of the role and shape of the architecture of the Javanese house which has become the culture of the inheritance slowly changed by causing a shift to the cultural values contained within it. The shift in value will sooner or later bring changes to traditional architectural forms, structures and functions.


Sign in / Sign up

Export Citation Format

Share Document