Juridical Study On The Best Decision-Making For Children In Determining Child Custody After Divorce (Analysis Of Medan District Court Decision Number 982/Pdt. G/2024/Pn Mdn)
Abstract
Divorce is event law that not only end relationship marriage between husband and wife, but also cause consequence law against child, especially related with rights upbringing child. In practice judicial, determination rights custody children post divorce often arise dispute about parties who most deserved to nurture and nurture children. By because it, judge demanded to take decision which prioritize interests best for the best child *best interest of the child* as principle main in protection child. Research this intended to analyze taking decision judge in determining rights upbringing child post divorce on Decision Court State Medan Number 982/Pdt.G/2024/PN Mdn and analyze determination rights custody children that proper for children post divorce. Method research that used is research law normative with approach legislation and approach case. Data that used form data secondary that consisted top material legal primary, material Law secondary, and material law tertiary that acquired through study literature. Analysis data conducted formal qualitative with study regulation legislation, literature law, and Consideration law judge in verdict which examined. Results research shows that taking decision judge in Decision Court State Medan Number 982/Pdt.G/2024/PN Mdn based on facts trial which prove that Plaintiff more able guarantee maintenance, protection, and development children compared Defendant. In determine right upbring child, judge apply principle interest best for child with consider aspect psychological, emotional, social, education, health, and environment growing flowering child. With such, determination rights custody children post divorce no based on position person elderly as father or mother only, unless on ability real person old in guarantee fulfillment rights child Optimal.
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