Perebutan Hak Asuh Anak Setelah Perceraian Orangtua Dihubungkan Dengan Undang - Undang Nomor 1 Tahun 1974 Tentang Perkawinan

Abstract

Children are the party that is harmed by the divorce of their parents. Children are deprived of the love that is needed in full from both parents, no child who only wants to get affection from his father or mother, besides that living and education are also not spared from the role of parents. The purpose of this study is to explain the struggle for child custody after the divorce of parents who are also related to Law No. 1 of 1974 concerning marriage. In this study, the authors used the Qualitative Juridical method, namely compiling them in a systematic way, connecting one another related to the problems studied with the applicable provisions of other laws and regulations, the analysis of the data obtained focused on normative reviews of the direction or objectives of the research and other regulations as positive law. As previously explained, even though mothers have a great opportunity to obtain custody of minors, fathers still have the opportunity. The good behavior of the plaintiff and the defendant will greatly influence the decision of the panel of judges in determining who has the right to care for the child. In the hearing for custody of this child, both parties, the plaintiff and the defendant, are expected to be cooperative. In this way, the trial will be able to proceed quickly and peacefully. Don't let the trial go on for quite a long time because of an uncooperative attitude, which will also only hurt the feelings of your own child. Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage states that children who have not reached the age of 18 (eighteen) years or have never had a marriage are under the authority of their parents as long as they are not deprived of their authority, and based on Article 49 paragraph (1) of Law Number 1 of 1974 Concerning Marriage which states that one or both parents can have their authority over one or more children revoked for a certain time at the request of other parents, the child's family in a straight line and siblings. adults or authorized officials by court decision.