IMPLEMENTASI KETENTUAN HAK ASUH ANAK TERHADAP PENETAPAN HAK ASUH KEPADA AYAH DI PERKARA PERCERAIAN (Studi di Pengadilan Agama Kota Malang)

ABSTRACT
Nama : Hikarosa Meeko
NIM : 202010110311154
Judul : Implementasi Ketentuan Hak Asuh Anak Terhadap Penetapan Hak Asuh Kepada Ayah di Perkara Perceraian (Studi di
Pengadilan Agama Kota Malang)
Pembimbing : Prof. Dr. Fifik Wiryani,S.H.,M.Si.,M.Hum
Isdian Anggraeny,S.H.,M.Kn

Divorce can result in child custody being given to one of the partners who have separated, namely the mother (ex-wife) or the father (ex-husband). After a divorce, there is no law that firmly and clearly regulates the obligations of the biological mother or biological father to look after the child. The only law that regulates this is Article 105 of the Compilation of Islamic Law (KHI), which states that biological mothers have the authority to look after children under 12 years of age. However, in cases of divorce, there are sometimes many issues regarding who should care for minor children who are being cared for by their biological father. This empirical study examines the implementation of child custody in the Malang Religious Court by looking at several current cases of how fathers or ex-husbands can control minor children after divorce. The results of this research are that the Malang City Religious Court can decide that custody of minor children will fall to the father, this is based on considering the actions of the mother who is unable to be categorized as a guardian to ensure the child's welfare.
Keywords : Marriage, Divorce, Child Custody, Father