Abstract
Religious Courts are one of the state courts with the jurisdiction to resolve civil disputes including cases of child custody for Muslims but several pros and cons have been attached to the execution or final settlement stage. This study was conducted to determine the legal basis for the execution of child custody and legal action required in a situation the child is hidden or unwilling to be under the plaintiff's care or control. It was conducted as normative legal research with a focus on the secondary data obtained from religious courts’ decisions on child custody cases. Both primary and secondary data were collected and analyzed qualitatively using legislation, case, and analysis approaches. The results showed the execution is usually basically to ensure a better future for the child. This, therefore, means it is possible to execute the decision of the religious court regarding child custody voluntarily and based on kinship.
Highlights
This study was conducted to determine the legal basis for the execution of child custody and legal action required in a situation the child is hidden or unwilling to be under the plaintiff's care or control
The Religious Court is one of the civil court bodies established for Indonesian Muslims to resolve disputes in line with the absolute competence provided by Article 49 of Law Number 3 of 2006 concerning Religious Courts
This was further explained by Mark E Cammack and R Michael Feener that: The organization and powers of the Islamic branch of the Indonesian judiciary are outlined in the Religious Judicature Act that was passed in 1989
Summary
The Religious Court is one of the civil court bodies established for Indonesian Muslims to resolve disputes in line with the absolute competence provided by Article 49 of Law Number 3 of 2006 concerning Religious Courts. The inability to execute the decision makes it lose its meaning and effectiveness In this case, the plaintiff certainly does not want the an-sich decision but craves all the contents are implemented to provide benefits in addition to justice and legal certainty.[3] It is important to note that not all disputes resolved before the Religious Courts are and smoothly executed. The plaintiff certainly does not want the an-sich decision but craves all the contents are implemented to provide benefits in addition to justice and legal certainty.[3] It is important to note that not all disputes resolved before the Religious Courts are and smoothly executed An example of this is the child custody case which is classified under the absolute competence of religious justice. The data presented in Table shows several applications for child custody in divorce lawsuit in the Banjarmasin Religious Affairs court in 2016 with 1,644 cases consisting of 369 Talaq and 1,275 petitions.[4]
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
