PENYELESAIAN HAK ASUH ANAK DI BAWAH UMUR PADA NOMOR REGISTRASI PERKARA 1887/PDT.G/2023/PA. MLG

This research discusses the resolution of custody of minor children in case number 1887/Pdt.G/2023/PA.Mlg. The background involves the divorce between Laraswati Pratiwi (Plaintiff) and Muhammad Ghanny Nugraha (Defendant). Although initially the household went well, conflicts emerged, and in June 2022, the Plaintiff left the Defendant. The court decision granted one ba'in sughra talaq to the Defendant and assigned custody of the child to the Plaintiff. This research aims to understand child custody settlements in this context.
The aim of this research is to determine the resolution of custody of minor children in case registration number 1887/Pdt.G/2023/PA.Mlg. The method used in this research is the juridical-empirical method with a qualitative descriptive analysis approach. Primary data was obtained through trial observations, interviews with related parties, and documentation. Research locations include the Advocate & Legal Consultant Office of Nuryanto, S.H., M.H & Partners, as well as the Malang Religious Court.
In the divorce case number 1887/Pdt.G/2023/PA.Mlg, the plaintiff and the defendant often had disputes and quarrels and there was no hope of living in harmony in the household again. In the decision of the panel of judges to grant part of the lawsuit, the judge's legal basis or the judge's considerations in deciding the Plaintiff's lawsuit referred to: Article 39 of Law Number 1 of 1974; ⁠Indonesian Supreme Court Decision Number: 38 K/AG/1990 dated 05 October 1991 and decision Number: 534 K/Pdt.G/1996 dated 18 June 1996; RI Supreme Court Decision Number 379/K/AG/1995 dated 26 March 1997; and Article 39 paragraphs (1) and (2) Law Number 1 of 1974 jo. Article 19 letter (f) Government Regulation Number 9 of 1975 and Article 116 letter (f) Compilation of Islamic Law.
The advice that the author can give from research regarding Analysis of Decisions Concerning Case Number 1887/Pdt.G/2023/PA.Mlg is that married couples can increase the intensity of communication within the household and to the authorities who handle cases in the Religious Courts to always decide and resolve cases by providing the fairest possible considerations.