PERTIMBANGAN HUKUM HAKIM DALAM MENETAPKAN HAK HADHANAH ANAK BERKEBUTUHAN KHUSUS PASCA PERCERAIAN (STUDI PUTUSAN 492/Pdt.G/2020/PA.Yk)

Muhammad Ilham Samawi, NIM.: 19103040085 (2023) PERTIMBANGAN HUKUM HAKIM DALAM MENETAPKAN HAK HADHANAH ANAK BERKEBUTUHAN KHUSUS PASCA PERCERAIAN (STUDI PUTUSAN 492/Pdt.G/2020/PA.Yk). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Post-divorce hadhanah which is resolved by a court decision will provide legal protection regarding child custody rights. When paying attention to the dynamics that occur in society, child custody lawsuits that are included in divorce lawsuits in court are not limited to only children who are born in physically and mentally healthy conditions. However, there are also children who are mentally different from children of their age or who are called children with special needs. Every child certainly needs proper and measurable treatment according to their needs, especially for children with special needs. For this reason, judges as law enforcers who examine and adjudicate cases of children with special needs hadhanah rights must be more careful to continue to prioritize the best interests of children while still paying attention to justice and legal certainty that must be carried out as the goal of law. This research is an analysis of legal considerations by the Yogyakarta Religious Court judges in determining the hadhanah rights of children with special needs to their biological fathers after which the decision was corrected by the application of the law by the Yogyakarta Religious High Court. The type of research used by the authors in this study is normative juridical, namely a study conducted based on normative legal provisions used as an analysis of the decision of the Yogyakarta Religious Court number 492/Pdt.G/2020/PA.Yk. The data analysis technique used by the author is using data reduction techniques, data display and then conclusions. Meanwhile, in the data collection method, the authors used library research and document study methods. The results of the research that the authors found in this study indicate that the panel of judges at the Yogyakarta Religious Court in the Yogyakarta Religious Court decision number 492/Pdt.G/2020/PA.Yk had an inaccuracy in several legal considerations related to the child's mental condition. Meanwhile, the Yogyakarta Religious High Court through decision number 12/Pdt.G/2021/PTA.Yk has legal considerations that improve the application of the law by taking into account the description of legal facts as in the decisions of the court of first instance. The decision of the High Religious Court in this case has a ruling to grant the right to havehanah for children with special needs to their biological mothers who have implemented the best interests of the child as regulated in the 1945 Constitution of the Republic of Indonesia article 28B paragraph 2, the Child Protection Act in article 2 and article 3, the Convention on the Rights of the Child in article 3. Thus, the results of this study can be concluded that the improvement in the application of law by the panel of judges at the Yogyakarta Religious High Court on the Yogyakarta Religious Court decision in this case has been properly implemented. Because the decision of the Yogyakarta Religious Court number 492/Pdt.G/2020/PA.Yk does not contain complete legal certainty and justice.

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