NUHAPUTRI, AINI ZHAFIRA (2020) ANALISIS PUTUSAN NO. 243/Pdt.G/2019/PA.Sby TERHADAP HAK ASUH ANAK KEPADA AYAH. Undergraduate thesis, UPN"VETERAN" JATIM.
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Abstract
This study aims to analyze Decision No. 243/Pdt.G/2019/PA.Sby regarding custody of children who are not yet mumayyiz (not yet 12 years old) after the occurrence of divorce to the father with a case study at the Religious Court Surabaya. And also to know the judge's consideration in deciding case on Decision No. 243/Pdt.G/2019/PA.Sby is it in accordance with the provisions of the applicable law. This research uses the method normative juridical research with a case approach. The results of this study that the judge's consideration in Decision No. 243/Pdt.G/2019/PA.Sby based on the mother who has been taking care of the child is no longer able to educate children well because it is known that they will move from Islam. One of the requirements as a child custody holder is to be Muslim, then on that basis the panel of judges grants child custody in the Decision No. 243/Pdt.G/2019/PA.Sby, to my father. The judge also considers mother who had separated his son from his biological father which caused fathers cannot directly care for and care for their children because As a biological father, you also have the right to take care of your children. Plaintiff As a biological father, he continues to carry out his obligations to provide obligation to provide a living for children is also one of the the judge's consideration in deciding to impose custody of the child on the father. So the child who has not mumayyiz should be in the care of his mother but ibunya because of some of the considerations mentioned in Decision No. 243/Pdt.G/2019/PA.Sby, custody of children who have not yet been mumayyiz fell into the hands of father. Keywords: Divorce, Child Custody
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | Mujari Mujari | ||||||||
| Date Deposited: | 14 Jun 2021 07:22 | ||||||||
| Last Modified: | 14 Jun 2021 07:22 | ||||||||
| URI: | http://repository.upnjatim.ac.id/id/eprint/1961 |
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