宗教法庭对执行儿童死刑的法律审查是离婚判决

Rai Mantili
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引用次数: 0

摘要

执行作为法院对案件败诉方采取的法律行动,是案件审查过程的进一步规则和程序。判决的执行是对案件败诉方强制执行的行为。并不是所有的法院判决都具有执行力,也不是所有的法院判决都可以执行。在宗教法院审理的离婚案件中,如果法官判决一方当事人胜诉为监护权持有人,则一方当事人必须自愿将其监护权移交给胜诉一方。这种情况在实践中很多,当事人往往不愿意将孩子的监护权交给胜诉一方。本研究结果表明,儿童监护权的执行存在两种障碍。第一个障碍是儿童“心理障碍”,因为孩子不是一个对象可以执行第二个障碍是成本的问题,如果孩子失去一侧但败诉一方不想放弃孩子的监护权获胜的政党,谁将会支付费用,如果请求的服务警察强迫孩子,因为没有国家预算执行的孩子的监护权。关键词:离婚,宗教法庭,执行子女。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
KAJIAN HUKUM TERHADAP PELAKSANAAN EKSEKUSI ANAK OLEH PENGADILAN AGAMA DALAM SUATU PUTUSAN PERCERAIAN
Execution as a legal action taken by the court to the losing party in a case is a further rule and procedure of the case examination process. Execution or execution of a decision is an act carried out by force against the losing party in a case. Not all court decisions have executive power, not all court decisions can be executed. In a divorce case in the Religious Courts, if the judge has given a decision that one of the parties has been won as the holder of custody, then the party who must voluntarily hand over his custody rights to the winning party voluntarily. This is a lot in practice, often parties who do not want to give up custody of their children to the winning party. The results of this study indicate that the execution of child custody has two kinds of obstacles. The first obstacle is the "psychological obstacle of the child", because the child is not an object that can be executed and the second obstacle is a matter of cost, if the child is on the losing side but the losing party does not want to give up custody of the child to the winning party, who will will pay a fee if requesting the services of the police to force the child, because there is no state budget for the execution of child custody.  Keywords: Divorce, religious courts, execution of children.
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