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All Journal I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan
Shoibatul Aslamiyah Harahap
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Religion Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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PEMENUHAN HAK ASUH ANAK AKIBAT PERCERAIAN ORANG TUA MENURUT HUKUM POSITIF Shoibatul Aslamiyah Harahap; Zainal Efendi Hasibuan; Sawaluddin Siregar
I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan Vol. 2 No. 1 (2025): Februari : I’tiqadiah
Publisher : Yayasan Baitul Hikmah al-Zain

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63424/itiqadiah.v2i1.260

Abstract

The implementation of child custody due to parental divorce is a very important legal issue, considering the implications for the child's psychological and social development. This research aims to analyze the implementation of child custody rights in the context of parental divorce, with a focus on the legal process and factors that influence court decisions. In the Indonesian legal system, child custody can be given to one parent or both parents jointly, based on considerations regarding the child's best interests. The research results show that although the law provides clear guidelines, in practice, custody decisions are often influenced by a variety of factors, including the parents' emotional, psychological and financial conditions, as well as the child's age and needs. This research also found that a lack of communication between parents is often an obstacle in reaching a mutual agreement regarding custody. Therefore, it is recommended that the court pay more attention to the psychological evaluation of the child and parents in determining custody rights that are in favor of the child's best interests. This research uses descriptive qualitative research methods. In it, the author collects data from various literary sources.
Co-Authors Sawaluddin Siregar zainal efendi hasibuan