Febriyani, Febi (2024) Penyelesaian Sengketa Hak Asuh Anak Pasca Perceraian. (Post-Divorce Child Custody Dispute Resolution). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.
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Abstract
After a divorce, to ensure the continuity of the child's life, the ex-husband or wife is still obliged to look after and care for their children. However, with a dispute over child control, the child becomes the object of dispute and a victim of the egos of his parents who have separated. This is a problem that must be overcome. One way to overcome this problem is to optimize dispute resolution. This research aims to find out, understand and describe how post-divorce child custody disputes are resolved by the court. The writing method used in this research is normative law, normative legal research is carried out in order to find solutions to existing issues. The approaches used are a statutory approach and a conceptual approach. The results of this research are that post-divorce child custody disputes can be resolved through legal channels, namely litigation or outside the court, namely non-litigation. Both have advantages and disadvantages. If the parties to a dispute decide to take legal action (the matter is brought to court) that is using a litigation process, but if the parties use a non-litigation process, this means that it is carried out by means of negotiation arbitration, mediation, conciliation and expert assessment. Child care is also an obligation that must be fulfilled by parents and is the responsibility of both parents no matter what happens. Which makes them lose their parental rights if they are removed from their parents' authority. This is in accordance with Law Number 1 of 1974 concerning Marriage. The Compilation of Islamic Law emphasizes that children who are not mumayyiz or not yet 12 years old are the right of their mother.
Item Type: | Thesis (Undergraduate) |
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Uncontrolled Keywords: | Child Custody; Dispute resolution; Divorce |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | 1312000280 Febi Febriyani |
Date Deposited: | 22 Apr 2024 07:07 |
Last Modified: | 14 May 2024 02:17 |
URI: | http://repository.untag-sby.ac.id/id/eprint/29534 |
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