Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

PERLINDUNGAN TERHADAP PENGABAIAN HAK ASUH ANAK AKIBAT PERCERAIAN

Vina Mareta (Universitas 17 Agustus 1945 Surabaya)
Muh Jufri Achmad (Universitas 17 Agustus 1945 Surabaya)



Article Info

Publish Date
30 Apr 2022

Abstract

A child is a person who is under the age of 18, or who has not yet reached the age of 18, including a child in the womb. In a marriage, the child born from the marriage must get his rights without the child asking. This research aims to find out the protection against the neglect of child custody due to divorce. The type of research used in this writing is normative law. The approach used is the statute approach and the conceptual approach. Based on this research, it shows that from the breakup of a marriage, there are legal consequences that follow, one of which is about the custody of the child born from the marriage. Child custody due to divorce falls into the hands of the mother, because the child is still under 12 years old. If the biological father or mother of the child does not want to take care of him, then the most entitled person to obtain custody of the child is the grandmother (the mother of the child's biological mother). If the grandmother (the mother of the child's biological mother) is not present or dies, then the custody of the children is transferred to the grandmother (the mother of the child's biological father). If the grandmother (mother of the child's biological father) is not present or has passed away, then the custody of the child is transferred to the uncle (brother or younger brother of the child's biological mother). If the uncle (brother or younger sister of the child's biological mother) is not present or has passed away, then the custody of the child is transferred to the uncle (brother or younger sister of the child's biological father).

Copyrights © 2022






Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...