Art Original

Perlindungan Hukum Hak-hak Anak Pasca Perceraian Berdasarkan Putusan Nomor 260/PDT.G/2021/PA.SAK.

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Child custody is often a problem before or after divorce. In fact, it is not uncommon for ex-husbands and ex-wives to fight over custody of their children. Often in reality, only one of the guardians has custody of the child and turns out to be unable to carry out his obligations, while the other party who does not have guardianship rights also turns out to be very negligent in his obligations, thus causing the interests of the child to be neglected and control over the child to become unclear. Based on the description of the problem, the author will conduct research in the form of a thesis which will focus on "Legal Protection of Children's Rights Post-Divorce Based on Decision Number 260/Pdt.G/2021/PA.Sak." Based on this background phenomenon, there are two problem formulations, namely: How the Judge Considers Decision Number 260/Pdt.G/2021/PA.Sak and How the Legal Protection of Children's Rights Post-Divorce Based on Decision Number 260/Pdt.G/2021 /Bolt. This research is included in the normative legal research group. with a case approach and statutory regulations. The collection approach is based on primary legal sources from Decree Number Decision Number 260/Pdt.G/2021/PA.Sak and secondary legal materials including theses, journals, books, websites and non-legal items. The data collection approach uses documentation studies, while data analysis techniques examine data and books. Research results: Firstly, the Judge's considerations regarding Decision Number 260/Pdt.G/2021/PA.Sak Firstly, the Plaintiff's child and the Defendant named Zahrotullshita are currently 13 years old and according to the law have the right to choose maintenance rights between their father and mother . Second, the Plaintiff and Defendant's children, Naifa Aprila and Mohd Rizki Al Fatih, are still under 12 years old, so legally the Plaintiff is more entitled to custody of the two children and is still physically dependent on their mother. Second, regarding the aspect of child protection after parental divorce, children have the right to receive care from both parents even though they are divorced. Second, the costs of maintaining and educating the child are the responsibility of the father. This is based on Article 105 letter c KHI and Article 149 letter d and Article 156 letter d KHI and Article 41 letter b Law Number 1 of 1974 concerning Marriage. Third, the father can act as guardian if the child is a girl. Fourth, parents and children still inherit from each other, because one of the causes of mutual inheritance in the Islamic legal tradition is because of the existence of hereditary ties between the heir and the recipient of the inheritance.

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Detail Information

Call Number

Hukum 362.7 Nur p

Language

Indonesia

NPM

221021122

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Legal Protection
Children's Rights
Post-Divorce

Other Information

Petugas

Uthi Kurnia

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