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Analisis Putusan Hakim Dalam Perkara Hak Asuh Anak Yang Belum Mumayyiz Pasca Perceraian Ramadhani, Dwi Aryanti; Abdullah, Nayla Putri; Yadila, Natasya; Amelia, Sabina Putri; Widiastiwi, Alisha Reva; Hermawati, Mutiara; Harsanti, Khairunnisa Putri
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11562374

Abstract

Child custody is one of the consequences that arise after divorce. This is because parents still have an obligation to provide maintenance and protection for the growth and development of children. In this study the author focuses on analyzing the judge's decision in the case of custody of children who have not been able to distinguish good and bad rights independently (mumayyiz) after divorce. This research is aimed at understanding the legal considerations and factors that influence the judge's decision in determining the custody of children who have not reached the age of mumayyiz. The research method used is the normative juridical method with a statutory approach and a case approach by analyzing relevant court decisions. The results of this study indicate that in making decisions judges consider psychological factors and factors of the child's interests in supporting his growth and development. These considerations are based on the facts and evidence presented during the trial. This research recommends the need for clearer and more consistent guidelines in child custody decisions to ensure optimal protection for children involved in divorce cases.
Perlindungan Hukum Terhadap Pekerja Migran Indonesia di Luar Negeri Yadila, Natasya; Elia Julio, Christopher; Wicaksana, Dika Hikmah; Pranitiaz, Laras Medina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12200629

Abstract

The 1945 Constitution of the Republic of Indonesia guarantees equal rights and opportunities for all citizens to obtain employment and a decent livelihood. The lack of job opportunities within the country has driven many Indonesians to seek employment abroad as migrant workers. The Indonesian government strives to protect the rights of migrant workers through various policies and laws, including Law No. 39 of 2004 and Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers.This study aims to examine the legality and legal protection for Indonesian migrant workers abroad. The method used is normative legal research with an analysis of primary, secondary, and tertiary legal materials. The results indicate that although the number of migrant workers has significantly increased in recent years, many are unaware of the legal procedures and fall victim to exploitation and human rights violations.The legal protection provided encompasses various aspects, such as basic rights, safety, health, wages, and social security. These protection principles are based on the principles of integration, equal rights, recognition of human dignity, democracy, social justice, gender equality, non-discrimination, anti-human trafficking, transparency, accountability, and sustainability. To enhance the effectiveness of protection, it is necessary to increase legal awareness and compliance with legal procedures by both migrant workers and related institutions