Art Original

Penyelesaian Perkara Hak Asuh Anak (Hadhanah) dalam Putusan Nomor 85/PDT.G/2020/PTG.PBR di Pengadilan Tinggi Agama Pekanbaru

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Article 105 of the Compilation of Islamic Law states that, "in the event of a divorce, children who are not mumayyiz or under 12 years old are under the care of their mother. If the hadhanah problem cannot be resolved peacefully, it can be resolved through court. If one of the parties does not accept the decision of the Religious Court, which states that the right to care for the child or hadhanah will be given to whom, the party who does not agree with the contents of the decision can submit an appeal within the specified time period. Among them is the issue of hadhanah for a girl who is not yet mumayyiz and who is registered at the Pekanbaru High Religious Court with Number 85/Pdt.G/2020/PTA.Pbr. This research aims to determine the factors underlying a child custody case being appealed and efforts to resolve the case at the Pekanbaru High Religious Court. This research uses empirical research methods, with data collection techniques in the form of interviews conducted at the Pekanbaru High Religious Court. The results of the research show that there are many factors underlying a child custody case (hadhanah) being appealed to the Pekanbaru High Religious Court, especially from parties who do not accept the results of the decision at the first instance court. Apart from that, sometimes errors can be found in the application of the law by the first-level panel of judges, which in the appeals court can change, confirm, or reject the decision. Basically, it is a child's right to get the best care they can get from their parents. The most important consideration for the judge in a child custody case is the interests of the child himself, not the interests of the mother or the interests of the father. If the child is not yet 12 years old or not mumayyiz, then the child is raised by his mother.

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Detail Information

Call Number

Hukum 297.577 Suc p

Language

Indonesia

NPM

171010335

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Hadhanah
Child Custody
Appeal

Other Information

Petugas

Uthi Kurnia

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