Analisis hukum terhadap hak asuh anak akibat perceraian orang tuanya (studi kasus nomor : 527/pdt.G/2012/pn.Dps) = Judicial analysis regarding custody of children after their parent divorce” (case study : decision number : 527/pdt.G.2012/pn_dps).

Tedja, Theodora (2018) Analisis hukum terhadap hak asuh anak akibat perceraian orang tuanya (studi kasus nomor : 527/pdt.G/2012/pn.Dps) = Judicial analysis regarding custody of children after their parent divorce” (case study : decision number : 527/pdt.G.2012/pn_dps). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Marriage is the birth and inner bond between a man and a woman as a husband and wife with the aim of forming a family (household) that is happy both born and inward and eternal by God Almighty. But in reality, not all marriages end up happily and permanently, as many marriages break out of divorce. This causes problems for children born in marriage, whether the child is raised by his father or mother.Arrangements on child custody in the Indonesian Civil Law, Marriage Law and Child Protection Law are complementary to one another. In the Indonesian Civil Law and Marriage Law regulates matters before custody falls to one of the parties as in Article 229 of the Civil Code stipulates that in the event of a dispute the court shall decide. This is complemented by Article 41 of the Marriage Law which is the father responsible for all the cost of maintenance and education of the child if the father can not pay the financing then the mother is obliged to participate bear the financing of child care and education. The Child Protection Act regulates the things that happen after custody falls to either party such as face-to-face meetings and permanent personal relationships with both parents, obtaining care, nurturing and education for the child's growth process in accordance with his or her talents and interests and obtaining life financing for children. This thesis is a result of research on custody of children after Divorce (Case Study No: 527 / Pdt.G / 2012 / PN_DPS on giving custody to children so that in this thesis, try to answer about how different child custody rules are reviewed from Indonesian Civil Law , Law Marriage and Child Protection Act and Judgment Consideration in study case No: 527 / Pdt.G / 2012 / PN_DPS by using normative research by means of data collection techniques that is literature study. In the decision of the judge who committed the husband as plaintiff to the wife as a defendant. The plaintiff proposes that custody of his under-age child is in his hands because the wife / defendant is unable to educate and nurture her child well and often abandons her child. The judge granted the plaintiff's claim and stated that after considering the child custody, the custody of the minor was in the hands of his plaintiff / his father because it was based on the principle of best interest for the child. This proves that the role of the judge is very important in deciding the custody of children because every child is entitled to education and proper care so that they can grow well.

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