Jurnal Litigasi Amsir
Vol 11 No 1 (2023): November

Pemenuhan Hak-Hak Anak Pasca Perceraian

Feni Sagita Indah (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Kairuddin Karim (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Lia Trizza Firgita Adhilia (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)



Article Info

Publish Date
11 Oct 2023

Abstract

This study aims to determine the application of law to the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt.G/2022/PA Pare and to determine legal considerations by judges regarding the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt. G/2022/PA Pare. The type of research used in this research is normative legal research. The approach used in this paper is the statutory approach and the case approach. The results of the research show that the judge has applied the law that has been in force. Whether it's Law Number 1 of 1974 Concerning Marriage and the Compilation of Islamic Law. Because with these references it has an impact or implications for the defendant so that the decision can be carried out, not even ignoring it. that the legal considerations of the judge as described are appropriate and in accordance with the facts obtained at the trial including in the evidence as the implementation of Article 164 HIR regarding evidence in the civil sphere. Whereas in parenting the child is still in the care of the mother because the child is still underage, even so, the father or the defendant can still meet his child so that this is in line with or in accordance with the intent and purpose of Law number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI).

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Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...