ANALISIS PERTIMBANGAN HAKIM TENTANG HAK ASUH ANAK SETELAH PERCERAIAN PUTUSAN PENGADILAN NOMOR (1515/Pdt.G/2024/PA.Pdg)

Abstract

ABSTRACT

This research is motivated by the growing number of child custody disputes that arise after divorce, which often lead to complex legal and social issues. Determining child custody is not merely a matter of applying legal regulations, but also requires careful consideration of the child’s best interests. In resolving custody disputes, judges must evaluate various factors, including the child’s psychological condition, the parents’ capacity to provide proper care, education, and overall welfare. Such considerations are essential to ensure that judicial decisions support the child’s optimal growth and development while safeguarding the child’s rights. The research problems addressed in this study concern how judges formulate their legal considerations in determining child custody in the Religious Court Decision Number 1515/Pdt.G/2024/PA.Pdg and whether those considerations reflect the principle of the best interests of the child as well as the principles of Islamic law relating to children. This study employs normative legal research, which examines law as a set of norms contained in statutory regulations and judicial decisions. The approaches applied include the statutory approach, case approach, and conceptual approach. Data were collected through the analysis of court decisions, literature reviews, and relevant documents by examining primary, secondary, and tertiary legal materials related to child custody issues. The data were then analyzed using qualitative methods.