CD Skripsi

Tinjauan Tentang Penetapan Hak Asuh Anak Di Bawah Umur Kepada Ayah Akibat Perceraian Di Pengadilan Agama Pekanbaru

---

Marriages can break up due to death, divorce, and court decisions. The most common cause of legal problems that should be given an alternative solutions is the breakdown of marriage due to divorce. Divorce can cause several legal consequences, one of which is the legal consequences for children and their care. In the event of divorce, child custody can be given to the mother if the child is under the age of 18 years. But it can be ruled out, if the father can prove if the mother is not eligible for child custody. In this case, the author takes the example of Decision Number 1513/Pdt.G/2022/PA.Pbr, in this judgment the custody of the minor falls to the father, where the minor child needs love and attention from a mother. The purpose of this thesis research is to determine the judge's consideration in determining the custody of minors to the father due to divorce at the Pekanbaru Religious Court and to find out the judge's consideration in determining the custody of minors to the father due to divorce based on the perspective of legal expediency theory.
This type of research is a type of sociological research conducted at the Pekanbaru Religious Court. The population and samples used are the Pekanbaru Religious Court Judge who tried the case, the father who litigated, and the mother who litigated. The data sources used are primary data and secondary data. The data collection techniques used are literature review and interviews.
The result of this study is that the judge's consideration in determining the custody of minors to the father due to divorce in the Pekanbaru Religious Court is that the judge argues that Article 105 of the Compilation of Islamic Law letter (a) which explains that the maintenance of children who are not yet mumayyiz or not yet 12 (twelve) years old is the right of the mother. But it is not absolute, because the most important thing is the benefit for the child himself, then the custody of the child is given to the father because the father behaves better than the mother and the judge's consideration in determining the custody of minors to the father due to divorce based on the perspective of the theory of legal expediency in terms of the element of legal expediency has been fulfilled because the decision has had an impact and benefit to the parties and children. The author's suggestion is for the Panel of Judges, in deciding a case in the future to ensure the condition of children in which field is preferred for the benefit of children being cared for by mothers, fathers, or jointly and for both parents, must remain fully responsible for their children without being hindered by time and situation.


Keywords: Child Custody - Divorce - Mumayyiz

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

1809125304

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

1809125304

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PERDATA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar