CD Skripsi

Interpretasi Hakim Dalam Pemberian Hak Asuh Anak Dibawah Umur 12 Tahun Kepada Ayah Di Pengadilan Agama Pekanbaru

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Child custody is one of the problems that is often encountered as a result of a divorce. Several conclusions were found regarding child custody, especially children under 12 years of age, which according to the regulations states that the right to care for children is given to the mother as the closest person to the child. However, a decision was found that gave the right to care for offspring to the father, this is clearly not in accordance with the rules in Article 105 and Article 156 of the Compilation of Islamic Law. As in Decision Number 0699/Pdt.G/2018/PA.Pbr, the panel of judges initially determined that custody of the 7 year old child was given to the plaintiff, which was in line with the rules. Then the Appeal Decision Number 68/Pdt.G/2018/PTA.Pbr contains the transfer of custody of a 7 year old child to the defendant and no longer to the plaintiff on the grounds of the child's closeness and wishes. The aim of this research is to determine the interpretation of judges at the Pekanbaru Religious Court in granting custody of children under 12 years of age to fathers after divorce, as well as to analyze the granting of custody of children under 12 years of age to fathers after divorce in accordance with the principles of justice in accordance with the provisions in the Legal Compilation. Islam.
The research method in this thesis is a type of research using sociological legal research with a descriptive research type. To approach this thesis problem using a statutory approach, data sources using secondary data consisting of primary, secondary and tertiary legal materials. The data collection techniques used in this research are interview methods and literature review.
The results of this research show that judges have a primary focus, namely on the best interests of children and fulfilling children's rights, not the interests of their parents. Pekanbaru Religious Court Judges in deciding case Number 68/Pdt.G/2018/PTA which contains the granting of custody of a child under 12 years of age (mumayyiz) to the father also took into account the close relationship, the child's interests, the child's rights that must be fulfilled and the child's wishes. . This is also contained in Article 156 letter (c) which states that the Religious Court can transfer custody of a mumayyiz child to a party who can guarantee the physical and spiritual safety of the child. In the case of child custody with Number 68/Pdt.G/2018/PTA.Pbr which gives child custody to the father, not the mother, it is deemed to have fulfilled the principles of justice by providing equal opportunities to prove eligibility and ability to carry out maintenance and fulfill rights to their children. This is useful for ensuring the needs and interests of children.
Keywords : Judge's Interpretation, Custody, Mumayyiz

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009112828

Penerbit

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

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009112828

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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