relation: https://digilib.uin-suka.ac.id/id/eprint/66520/
title: KEPASTIAN HAK ASUH DAN NAFKAH ANAK YANG BELUM MUMAYIZ AKIBAT PERKARA PERCERAIAN (ANALISIS PUTUSAN NOMOR 829/PDT.G/2023/PA.BTL DAN NOMOR 065/PDT.G/2023/PTA.YK)
creator: Arif Juliawan Muyassar, NIM.: 20103050116
subject: 346.01 Hukum Keluarga - Hukum Pernikahan
description: Problem child custody This becomes a serious problem in cases of parental divorce.  This research departs from the author's research regarding data on cases within  the Religious Courts throughout DIY Yogyakarta Province which have gone up to  the appeal level at the Yogyakarta High Religious Court. During 2023, of the total  of 76 cases submitted to the Yogyakarta High Religious Court, there was 1 decision  number 0829/Pdt.G/2023/PA.Btl regarding a claim for custody of children who had  not yet been discharged which was not determined by either the Plaintiff or the  Defendant. The panel of judges did not accept it because there was a formal defect,  which occurred as a result of the petitum's demands not being based on a clear and  firm posita. The party did not correct the lawsuit during the lawsuit reading stage,  and the panel of judges did not provide any guidance regarding the deficiencies in  the posita. This is in accordance with the doctrine in civil procedural law. However,  it is feared that it could be more likely that problems will arise in the future, for  example struggles over child custody and security over child support.  The aim of this research is to determine the differences in the considerations of the  panel of judges at first level decision number 0829/Pdt.G/2023/PA.Btl and the  panel of judges at appeal level decision number 065/Pdt.G/2023/PTA.Yk in  deciding custody cases and reviewing from the perspective of Gustav Radbruch's  legal objectives.  This type of research is descriptive-analytic library research. This research uses  primary data sources in the form of decision number 0829/Pdt.G/2023/PA.Btl and  decision number 65/Pdt.G/2023/PTA.Yk. and supported by secondary data sources.  Data collection techniques in this research were by means of literature and  interviews. The data analysis in this research uses qualitative analysis. Then the  data obtained in this research was analyzed using a juridical-normative approach.  Based on the results of the research, it was concluded that the existence of a lack  of synchronization between the posita and the petitum in the preparation of the child  custody lawsuit, could cause the lawsuit to become unclear, resulting in the lawsuit  not being accepted. The consequences arising from the decision of the Bantul  Religious Court number 0829/Pdt.G/2023/PA.Btl which does not determine the  obligations of the holder of child custody can result in certainty of custody and  livelihood of the three children as well as conflict between parents fighting over  custody of the three children. . Then, in the decision of the High Religious Court  number 065/Pdt.G/PTA.Yk which revised the decision of the Bantul Religious Court  by determining that custody of the three children fell to the mother, it was felt that  it better reflected the value of legal certainty followed by reflecting the principles  of justice and the benefits of the law to various parties
date: 2024-06-05
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/66520/1/20103050116_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/66520/2/20103050116_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Arif Juliawan Muyassar, NIM.: 20103050116  (2024) KEPASTIAN HAK ASUH DAN NAFKAH ANAK YANG BELUM MUMAYIZ AKIBAT PERKARA PERCERAIAN (ANALISIS PUTUSAN NOMOR 829/PDT.G/2023/PA.BTL DAN NOMOR 065/PDT.G/2023/PTA.YK).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.