Tinjauan Yuridis Hak Asuh Anak Mumayyiz (Studi Putusan Nomor 4283/Pdt.G/2023/PA.Sby)

Rosyadi, Elverda Nadifa (2025) Tinjauan Yuridis Hak Asuh Anak Mumayyiz (Studi Putusan Nomor 4283/Pdt.G/2023/PA.Sby). Undergraduate thesis, UPN Veteran Jawa Timur.

	Text (Cover) 21071010025.-Cover.pdf Download (2MB)
	Text (Bab 1) 21071010025.-Bab 1.pdf Download (441kB)
	Text (Bab 2) 21071010025.-bab2.pdf.pdf Restricted to Repository staff only until 18 June 2027. Download (406kB)
	Text (Bab 3) 21071010025.-bab3.pdf Restricted to Repository staff only until 18 June 2027. Download (322kB)
	Text (Bab 4) 21071010025.-bab4.pdf Download (251kB)
	Text (Daftar Pustaka) 21071010025.-daftarpustaka.pdf Download (288kB)
	Text (Lampiran) 21071010025.-lampiran.pdf Restricted to Repository staff only Download (3MB)

Abstract

Marriage is a physical and emotional bond between a man and a woman as husband and wife. However, marriage is not without the risk of divorce. In cases of divorce, issues regarding child custody often arise for couples who already have children. According to Article 105 letter (a) of the Compilation of Islamic Law (Kompilasi Hukum Islam or KHI), the custody of a child who has not yet reached the age of discernment (mumayyiz) or is under 12 years old is the right of the mother. In the event of divorce, custody of children under the age of 12 automatically falls to the mother. Meanwhile, under Article 105 letter (b) of the KHI, a child who has reached the age of discernment (mumayyiz) is allowed to choose between the father or the mother as the custodial parent. In decision Number 4283/Pdt.G/2023/PA.Sby, there was a situation where a mumayyiz child chose someone other than the father or the mother. However, the court’s ruling did not clearly specify who the child's custodian would be. This results in ambiguity regarding the legal status of custody for a mumayyiz child. The research method used in this study is normative juridical. The objective of this research is to understand the judge's considerations in determining custody of a mumayyiz child and to examine the legal status of custody of a mumayyiz child after divorce. Keywords: Child custody, mumayyiz, legal status

Item Type:

Thesis (Undergraduate)

Contributors: