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All Journal Sanskara Hukum dan HAM
Iyut Paputungan
Universitas Negeri Gorontalo
Law, Crime, Criminology & Criminal Justice

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Implikasi Hukum Putusan Hak Asuh Anak kepada Ayah dalam Perkara Perceraian Iyut Paputungan; Fence M. Wantu; Mohamad Taufiq Zulfikar Sarson
Sanskara Hukum dan HAM Vol. 5 No. 01 (2026): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v5i01.869

Abstract

Child custody is one of the legal consequences of divorce which, in practice, is not always granted to the mother as generally provided under the Compilation of Islamic Law. This study aims to analyze the legal implications of court decisions granting child custody to fathers in divorce cases and to assess their conformity with the principle of the best interests of the child. The research employs a normative legal method using statutory, conceptual, and case approaches. Data were collected through library research involving primary, secondary, and tertiary legal materials and analyzed qualitatively through legal interpretation and deductive reasoning. The findings indicate that granting custody to fathers is legally justified when they are proven to better ensure the child’s welfare and development. The novelty of this study lies in its analysis of the legal implications arising after custody decisions are awarded to fathers. The study implies the need for clearer legal guidelines to ensure legal certainty and optimal protection of children's rights.
Co-Authors Fence M Wantu Mohamad Taufiq Zulfikar Sarson