Bojonegoro Religious Court Determination No. 27 of 2016: Application for Guardianship over Child under Legal Age of Consent

Sujak and Nuryani were married on 3 August 1982 and had two children (Tugik Dini Rike Nur Anggrainingsih (23) and Almaiciko Bawita Firnanda (13)). They also owned a property they had purchased with Nuryani's inheritance and Sujak's pension funds. The property had been placed in the name of their first child, Tugik, but was tenanted by Nuryani's mother (Wartini) and another family member (Rumini). On 5 February 2005, Nuryani passed away due to illness. On 12 February 2012, Nuryani's father, Joyo Suwito, passed away, also due to illness. On 23 December 2014, Tugik relocated to East Kalimantan with her husband. Then, on 8 December 2015, Sujak passed away. Since Sujak's passing, Almaiciko had been cared for by her uncle (Nuryani's younger brother), the applicant (Mutaal). As Almaiciko was still under the legal age of consent, the applicant sought from the court a stipulation that he was Almaiciko's legal guardian.

The court acceded to the application for guardianship, pursuant to arts 50(1) and 51(2) of Law No. 1 of 1974 on Marriage, in conjunction with art 107(4) of the Compilation of Islamic Laws, on the grounds that Almaiciko was under the age of consent (and not yet married) and that the applicant was a family member and, therefore, a legitimate applicant for guardianship.

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