Hak Asuh Anak Dibawah Umur Akibat Perceraian

Abstract

The purpose of this study was to find out the arrangements for child custody due to divorce according to Indonesian law and to find out and analyze the basic considerations of judges in imposing custody of children who are underage in Decision Number: 122/Pdt.G/PA.Jmb. ; Formulation of the problem: How is the arrangement for custody of children who are underage as a result of divorce according to Indonesian law? And what is the basis for the judge's considerations in imposing custody of children who are underage in Decision Number: 122/Pdt.G/Jmb.? Research Methods. normative juridical, using a conceptual approach (conceptual approach), statutory approach (statute approach) and case approach (casse approach). Research result. Basis for the Judge's Considerations 1) Juridical Facts, the Respondent or the mother has had her power revoked over her child based on Article 49 Paragraph (1) of Law Number 1 Year 1974,; 2) The facts of the trial, the facts that were revealed at the trial were seen from the witnesses who were present at the time of the examination in court, the evidence; 3) Sociological Facts, namely the considerations that make the judge give custody of minors to the father is for the sake of the mental development and growth of the two children, this is because the mother is considered to have neglected her obligations to the child and has bad behavior.