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All Journal Media of Law and Sharia
Arifia, Ayu Yustika
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Humanities Law, Crime, Criminology & Criminal Justice

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Post-Divorce Consequences: A Legal Study of Decision No. 1442/Pdt.G/2018/PA.Btl Arifia, Ayu Yustika; Lestari, Ahdiana Yuni
Media of Law and Sharia Vol. 6 No. 2: March 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i2.227

Abstract

Marriage is a union formed between a man and a woman legally. However, divorce often brings various challenges, one of which is the issue of child custody when children are born into the marriage. The research examines who is granted custody of the child in case No. 1442/Pdt.G/2018/PA.Btl and the responsibilities of parents after divorce based on the same case ruling. The study aims to determine the legal custody arrangement as per the verdict in case No. 1442/Pdt.G/2018/PA.Btl and how parental responsibilities are implemented post-divorce. The research employs an empirical normative legal approach. The study's findings reveal, custody is implicitly granted to the mother, as the child is still a minor (under 12 years old) and had been living with the mother prior to the divorce. Moreover, the responsibilities of divorced parents align with Article 41 of Law No. 1 of 1974 on Marriage and Article 104(1) of the Compilation of Islamic Law (CIL), which state that both parents remain obligated to care for and educate their child, with the father responsible for covering the child's living and educational expenses
Co-Authors Ahdiana Yuni Lestari