Eksekusi Putusan Hadhanah oleh Pengadilan Agama dalam Putusan Pengadilan Agama Kepahiang Nomor 212/PDT.G/2019/PA.KPH

Muawiyah, Muawiyah and Dedi, Syahrial and Ridwan, Rifanto Bin (2021) Eksekusi Putusan Hadhanah oleh Pengadilan Agama dalam Putusan Pengadilan Agama Kepahiang Nomor 212/PDT.G/2019/PA.KPH. El-Ghiroh.

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	Text Jurnal Eksekusi Hadhanah CD.pdf Download (524kB)

Abstract

Divorce issues lead to hadhanah disputes. Children are a mandate/gift of God, protection/care for children is important because it can become a legal problem, as stated in Decision Number 212/Pdt.G/2019/PA.Kph. Hadhanah decisions that already have legal force can still be executed, in practice in the community it may not be carried out because the object of execution is a child. The problem is what are the factors that cause the hadhanah decision cannot be implemented in the community and legal remedies taken by the aggrieved party in the hadhanah decision. Preliminary research indicates that hadhanah executions did not take place. The purpose of the study was to find out/analyze the factors causing the hadhanah decision not to be implemented in the community and to find out/analyze the legal remedies taken by the aggrieved party in the hadhanah decision. This study uses an empirical method with a descriptive analysis approach that describes the situation or facts as they were at the time of the study. Sources of data obtained through interviews, report documents, other related documents, laws, marriage books, magazines, and the internet. This study concludes that, the decision was not implemented due to reasons and factors of Conscience, Personal Selfishness, Principles and Vision of Life, Good thought with God's destiny and everything will be fine, Plaintiff is a person who is obedient in carrying out religion, environment and friendship. The legal remedy is to wait for the child to become an adult and be able to make his own choices.

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