Astuti, Nur Endah Puji (2018) PELAKSANAAN HAK ASUH ANAK DIBAWAH UMUR AKIBAT PERCERAIAN STUDI KASUS PENGADILAN AGAMA DEMAK. Undergraduate thesis, Fakultas Hukum UNISSULA.
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Abstract
This thesis discusses the implementation of child custody and judges' consideration. Child custody is the right of a child to get care. Parenting here is not only in the form of matter, but the fulfillment of love, security, protection from harmful things and decent education. When there is separation between the parents, the child should not be the victim of the selfishness of the separation. The child must still get the rights he or she deserves. The main problem in this thesis is how the implementation of child custody due to divorce and the basis of judges' consideration in determining child custody in the decision of Religious Court of Demak No.1221 / Pdt.G / 2017 / PA.Dmk. This research uses normative juridical approach method using descriptive analysis. This research is the result of field research at Demak Religious Court. This study aims to know about child custody due to divorce and the basis of consideration of the Panel of Judges in deciding cases, analyzed by using the juridical-normative mindset on the establishment of Judges in Religious Court Decision No.1221 / Pdt.G / 2017 / PA.Dmk. In the decision of the Panel of Judges on the lawsuit by the former wife as Plaintiff to the husband as Defendant, the Plaintiff filed for child custody because the Defendant abandoned the child. The Panel of Judges shall consider the basis in deciding a case and examine the evidence the Plaintiff has submitted. In the decision of No.1221 / Pdt.G / 2017 / PA.Dmk, the Panel of Judges granted the Plaintiff's claim on the grounds that the Defendant never attended and was considered abandoning the child and not supporting his / her child. Whatever the reason for divorce and abandonment of children is a disaster for children. At that time the child can no longer feel the affection of both his parents. Parents play an important role in the growth and development of the child to gain a better future life. Moreover, the obligation of parents is to educate, nurture, nurture, nurture, protect and cultivate children in accordance with their beliefs and abilities. Supposedly, the defendant is obliged to provide for the child Not to neglect. However child is a gift from Allah SWT. Parents should not abandon children after separation of both, children still need parents and unable to stand alone let alone the child is not mumayyiz or not considered adult. Keywords: divorce, child custody, court decision
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 30 Oct 2018 02:46 |
| Last Modified: | 30 Oct 2018 02:46 |
| URI: | http://repository.unissula.ac.id/id/eprint/11785 |
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