Hak Asuh Anak Pasca Perceraian dan Relevansinya Dengan Teori Keadilan (Studi Putusan No. 3274/Pdt. G/2018/PA.JS)

Ambar Rukmana Sari


Marriage is a bond between husband and wife in a house hold thata imsto create a happy family. But in reality,the purpose of marriage is not always going well, giving rise to a divorce. In a divorce will certainly cause legal consequences, one of which relates to child custody. The purpose of this study is to analyze the things that cause the determinatio n of custody of childre nunder12 years given to both parents. In addition, author also want to know the considerations that are basis of judge for dropping child custody due to divorce.The resultss how edthatthe distribution of children custody to husband and wife was caused by wife who had a bad morals, sothatthe husband was considered entitled to child custody. On the other hand, mother is also the best figure in raising children. The main consideration of judges in dropping custody of children is in the interestsof children based on the values of justice, fairness and legalcertainty.

Kata Kunci

Divorce, Children Custody, Hadhanah

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