Journal of International Islamic Law, Human Right and Public Policy
Vol. 1 No. 4 (2023): December

LEGAL ANALYSIS OF CHILD CUSTODY RIGHTS IN CASES OF DIVORCE

Dikki Saputra Saragih (Universitas Sari Mutiara Indonesia)
Rolando Marpaung (Universitas Sari Mutiara Indonesia)
Malthus Hutagalung (Universitas Sari Mutiara Indonesia)
Seni Fifi Meriani Zalukhu (Universitas Sari Mutiara Indonesia)



Article Info

Publish Date
30 Dec 2023

Abstract

Child protection law No. 23 of 2020 article 14, which states that "Every child has the right to be raised by his own parents, unless there are valid reasons and/or legal regulations indicating that the separation is in the best interests of the child and is a consideration final". The aim of this research is to find out how child custody is determined after divorce. To find out what the judge considers in decisions regarding custody of minor children as a result of divorce. This type of research is qualitative descriptive research which aims to describe the characteristics of an individual, the condition of a particular symptom or group or to determine the distribution of a symptom or to determine whether there is a relationship between a symptom and other symptoms in society. Conclusion The determination of child custody as a result of divorce according to Presidential Instruction Number 1 of 1991, for children who are not yet adults or under 12 (twelve) years of age is the mother's right. Meanwhile, for adult children, it is up to the child to choose between his father and mother as the holder of his child's rights.

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Journal Info

Abbrev

ojs

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not ...