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elverda nadifa rosyadi
UPN "Veteran" Jawa Timur
Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis Hak Asuh Anak Mumayyiz: Studi Putusan Nomor 4283/Pdt.G/2023/Pa.Sby elverda nadifa rosyadi
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1113

Abstract

In Article 105 letter (a) of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), it is stated that the custody of a child who has not yet reached the age of discernment (mumayyiz), or who is under 12 years old, is the right of the mother. In the event of a divorce, custody of a child under the age of 12 automatically falls to the mother. Meanwhile, according to Article 105 letter (b) of the KHI, a child who has reached the age of discernment may choose whether to be in the custody of the father or the mother. In Decision Number 4283/Pdt.G/2023/PA.Sby, there is a situation where a mumayyiz child chooses someone other than the father or the mother. However, the custody holder of the child is not clearly explained in the ruling. This results in a lack of clarity regarding the legal status of custody for children who have reached the age of discernment.
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