“ANALISIS YURIDIS HAK ASUH ANAK DIBAWAH UMUR AKIBAT PERCERAIAN” (Studi Putusan Nomor 1087/Pdt.G/2022/PA.Mlg)

Thufailah, Najla Zalfa (2024) “ANALISIS YURIDIS HAK ASUH ANAK DIBAWAH UMUR AKIBAT PERCERAIAN” (Studi Putusan Nomor 1087/Pdt.G/2022/PA.Mlg). Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

This research discusses the custody rights of minor children who fall to male parents (fathers) as a result of divorce in Decision Number 1087/Pdt.G/2022/PA.Mlg. Fighting over custody of minor children often occurs when a divorce occurs. This research aims to determine the judge's considerations in determining custody of minor children due to divorce and the Religious Court's strategy in protecting children's rights after a court decision. The type of research used in this research is Juridical-Normative with descriptive research type. The problem approach uses a statutory approach as well as data and data sources using data from legal writing, books related to legal writing, the internet, journals, articles and newspapers. The technique for collecting legal writing materials used is a bibliography technique based on the topic of the problem in a comprehensive manner. The document study data collection method is carried out by bringing and understanding and analyzing the case to the decision. The data analysis uses qualitative analysis. The results of the research and discussion show that the chronology in Decision Number 1087/Pdt.G/2022/PA.Mlg reveals the reasons on which the husband sued his wife for divorce. Some of these reasons were refuted and some were denied by the wife, but the judge still granted the husband's request. The judge's basic consideration in determining which child custody rights should be given to the mother, instead falls to the father by looking at the condition and future of the child who is still a minor because in carrying out custody of the child he is a person who is physically and mentally healthy. Because caring for children is full care and responsibility. The termination of the divorce results in changes in the status between husband and wife as well as children's rights and parental obligations after the divorce.

Item Type: Thesis (Undergraduate)
Student ID: 202010110311377
Keywords: Divorce, Child Custody, Judge's Considerations, Legal Implications
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202010110311377 najlazalfa23
Date Deposited: 19 Jun 2024 09:31
Last Modified: 19 Jun 2024 09:31
URI: https://eprints.umm.ac.id/id/eprint/7224

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