Legal Review Of The Determination Of Child Custody Rights To Fathers After Divorce (Case Study Of Stabat Religious Court Decision Number 1762/Pdt.G/2024/PA.Stb)

Abstract

Divorce can lead to various complex legal issues, particularly regarding determining who has the right to care for children. By law, Article 105 of the Compilation of Islamic Law (KHI) stipulates that the mother has the right to care for children who cannot yet distinguish between right and wrong. However, in practice, real-life situations can provide grounds for transferring custody responsibilities to the father if the mother is unable to fulfill her obligations. This study examines the legal regulations regarding the division of child custody rights to the father, the considerations made by judges, and the legal impact on child protection after divorce. The theories used include the principle of the best interests of the child, the concept of hadhanah in Islamic law, and applicable legal provisions in Indonesia. The research method used is a normative juridical method with a case approach, namely by utilizing secondary data in the form of laws and regulations, court decisions, books, and scientific journals, which are then analyzed qualitatively and deductively. The results of the study indicate that in the Stabat Religious Court decision number 1762/Pdt.G/2024/PA.Stb, the judge ruled that custody was awarded to the father because the mother left the child to work abroad, while the father had actually cared for the child in reality. This decision demonstrates the ability of the KHI norms to adapt and implement the principle of the child's best interests in practice. It can be concluded that the determination of custody to the father has a valid legal basis as long as it is proven to be more capable of ensuring the child's overall welfare.