Socio-Legal Updates of Children’s Rights on the Protection and Shared Assets in Divorce Cases in Indonesian Family Law

Authors

  • Muhyidin

DOI:

https://doi.org/10.37506/mlu.v21i1.2379

Keywords:

Child rights, custody, child care, marital assets, family law

Abstract

The focus of this research study is the law on the distribution of joint assets and child custody as a result of
divorce against husbands and wives who work based on justice value. Article 97 Compilation of Islamic Law
which determines that widows of divorced widows get a half share of the joint property. This is inseparable
from the provisions of Article 31 and Article 34 of Law Number 1 of 1974 concerning Marriage. This
study uses normative juridical method, sociological juridical method, and comparative juridical research
method; and using decision data and interviews with judges of the religious courts, using critical paradigms
and using inductive qualitative analysis. The results of the study were that the judge had begun to make
legal discoveries. Factors that influence the ruling of the religious courts that do not bring about justice
are substantial, structural, and cultural factors. The current division of shared assets and the rights of child
ownership as a result of divorce is not yet fair, meaning that the construction of the distribution of shared
assets and child rights as a result of divorce is currently granted by The reconstruction of the legal value of
the distribution of shared assets due to divorce is carried out casually based on its contribution by taking into
account the benefit and well-being of the company.

Author Biography

Muhyidin

Lecturer at Diponegoro University, Semarang, Indonesia

Published

2021-01-09

How to Cite

Muhyidin. (2021). Socio-Legal Updates of Children’s Rights on the Protection and Shared Assets in Divorce Cases in Indonesian Family Law. Medico Legal Update, 21(1), 613-617. https://doi.org/10.37506/mlu.v21i1.2379