Astutik, Mirsa Naulia (2025) PROSES PENYELESAIAN PENETAPAN HAK ASUH ANAK DI BAWAH UMUR KEPADA SEORANG AYAH MELALUI UPAYA HUKUM BANDING DALAM REGISTER PERKARA NOMOR 404/Pdt.G/2024/PTA.Sby. Undergraduate thesis, Universitas Muhammadiyah Malang.
Pendahuluan.pdf
Download (1MB) | Preview
![[thumbnail of BAB I.pdf]](https://eprints.umm.ac.id/style/images/fileicons/text.png)
BAB I.pdf
Restricted to Registered users only
Download (271kB) | Request a copy
![[thumbnail of BAB II.pdf]](https://eprints.umm.ac.id/style/images/fileicons/text.png)
BAB II.pdf
Restricted to Registered users only
Download (328kB) | Request a copy
![[thumbnail of BAB III.pdf]](https://eprints.umm.ac.id/style/images/fileicons/text.png)
BAB III.pdf
Restricted to Registered users only
Download (433kB) | Request a copy
![[thumbnail of BAB IV.pdf]](https://eprints.umm.ac.id/style/images/fileicons/text.png)
BAB IV.pdf
Restricted to Registered users only
Download (81kB) | Request a copy
![[thumbnail of Lampiran.pdf]](https://eprints.umm.ac.id/style/images/fileicons/text.png)
Lampiran.pdf
Restricted to Registered users only
Download (6MB) | Request a copy
Abstract
The background of this research discusses the determination of custody of minor children in divorce cases which is contrary to the applicable legal provisions, especially in case Number 1257/Pdt.G/2024/PA.Mlg at the first instance, where the court decided child custody to Father. This is contrary to the Compilation of Islamic Law and Jurisprudence of the Supreme Court which emphasizes that mothers have the main role in raising children who are not yet mumayyiz. This decision was then appealed and registered in case Number 404/Pdt.G/2024/PTA.Sby. The aim of this research is to analyze the case resolution process at the appeal level, with a focus on the legal arguments used in determining child custody. The method used is empirical juridical research with a case approach. Primary and secondary data were collected through observation and literature study from various sources, including books, legal journals and statutory regulations. The results of the research show that the appellate court overturned the decision of the first instance and assigned custody of the child to the mother. In the appeal process, the appellant submitted a memorandum of appeal which emphasized the importance of the mother's role, in accordance with the Compilation of Islamic Law Article 105 letter (a) and Article 156 letter (c), as well as the jurisprudence of the Supreme Court. The appellant's counterargument focuses on the appellant's parenting time and work environment. However, the court emphasized that the principle of the best interests of the child remains the main basis for determining custody. This decision emphasizes the need for consistency between law, jurisprudence and principles of justice to ensure legal certainty and protection of children's rights in divorce cases.
Item Type: | Thesis (Undergraduate) |
---|---|
Student ID: | 202110110311307 |
Keywords: | Determination of Custody; Minors; legal appeal |
Subjects: | K Law > KD England and Wales |
Divisions: | Faculty of Law > Department of Law (74201) |
Depositing User: | 202110110311307 mirsanaulia06 |
Date Deposited: | 15 Jan 2025 05:10 |
Last Modified: | 15 Jan 2025 05:10 |
URI: | https://eprints.umm.ac.id/id/eprint/13645 |