Akibat Hukum Perceraian Terhadap Hak Asuh Anak Menurut Undang – Undang Nomor 1 Tahun 1974 Tentang Perkawinan

Egusta, Eldo (2022) Akibat Hukum Perceraian Terhadap Hak Asuh Anak Menurut Undang – Undang Nomor 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

A family is formed because of the marriage between a man and a woman. The pair of a man and a woman who form a household in a marriage bond is basically a human instinct as a social being in order to carry on his life. Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming an eternally happy family (household) based on the One Godhead, in accordance with Article 1 of Law Number 1 of 1974 concerning Marriage. The relationship that is not harmonious between husband and wife often leads to divorce. Divorce has legal consequences for child custody. Even though the marriage has been terminated due to divorce, both parents are still obliged to maintain and educate their children, as stated in Article 41 of Law Number 1 of 1974 concerning Marriage. The main problem of this research is how parents are responsible for child custody after divorce, and what are the legal consequences if parents do not exercise custody of their children after divorce. The method used in this research is Observational Research or survey, the research is carried out directly to the research location that has been determined with the aim of obtaining information and explanations that support the author's research, while the nature of this research is analytical descriptive. which the author describes clearly and in detail the problems that will be studied by the author. The result of this research is that both parents are equally obligated to take care of their children, even though child custody is on one side. In the object being studied by the author, the custody of the child lies with the mother. Fathers who are obligated and responsible for providing a child's support do not fully carry out these obligations, this is due to, among other things, a father's lack of knowledge and awareness of the duties and responsibilities of a child after a divorce, and also due to weak economic factors.

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