PERTIMBANGAN PUTUSAN HAKIM MENGENAI KEWAJIBAN DAN TANGGUNG JAWAB MANTAN SUAMI ISTRI TERHADAP PEMENUHAN HAK-HAK ANAK PASCA PERCERAIAN

YUNISA, RIRIS KRISNA (2011) PERTIMBANGAN PUTUSAN HAKIM MENGENAI KEWAJIBAN DAN TANGGUNG JAWAB MANTAN SUAMI ISTRI TERHADAP PEMENUHAN HAK-HAK ANAK PASCA PERCERAIAN. S1 thesis, UAJY.

Preview	Text (Halaman Judul) 0HK09304.pdf Download (599kB) | Preview
Preview	Text (Bab I) 1HK09304.pdf Download (79kB) | Preview
	Text (Bab II) 2HK09304.pdf Restricted to Registered users only Download (176kB)
Preview	Text (Bab III) 3HK09304.pdf Download (55kB) | Preview

Abstract

Marriage is a bond between a man mentally and physically with a woman as husband and wife with the aim of forming a family (household), a happy and everlasting based on belief in one god. And in a marriage can lead to a divorce, Divorce is one of dissolution of marriage due to a particular cause, through the registration of the judge’s decision on civil registration. Judges always refers to Law No. 1 of 1974 in deciding upon divorce. Loss of marriage by divorce has legal consequences contained in the Marriage Law No. 1 of 1974 in article 41 paragraph 1 to 3, which is obliged to maintain, educate, feed the child. And she decided the marriage was also an impact on children on care and maintenance if the child was a toddler. The author conducted research using normative approach. The research method is to perform abstraction through a deductive process of positive legal norms in force, in the form of systematization of law and the law of the horizontal synchronization of the problematic obligations and responsibilities of husband and wife on the fulfillment of children’s rights after divorce. The results showed that the reason divorce is that between husband and wife would not be able to live in harmony as husband and wife, in accordance with Law No. 1 of 1974 Article 39, paragraph 2. In its legal considerations about the obligations and responsibilities of husband and wife on the fulfillment of children's rights after divorce is always based on Law No. 1 Year 1974 on Marriage. And Law No. 23 of 2002 on Child Protection was not used because of, not set explicitly on the rights of children due to parental divorce. Decisions of judges determining the obligations and responsibilities of husband and wife on the fulfillment of children's rights after divorce, is in conformity with the rights of children such as children's rights provided for in Article 26 paragraph (1) letters a and b of Law Number 23 of 2002 on Child Protection in the form of children's rights to get care, maintenance, protection, education and the right of children to grow and develop properly.

Actions (login required)

View Item