Pelaksanaan Hadhonah Sebagai Akibat Hukum Perceraian Di Pengadilan Agama Pekanbaru

Khalisha, Hayu Rahima (2022) Pelaksanaan Hadhonah Sebagai Akibat Hukum Perceraian Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Hadhonah is a from of responsibility from both parents for the survival of the child from birth to adulthood and can stand alone. In a marriage institution, it has been determined that children are the responsibility of husband and wife as father and mother until adulthood. The provisions of the legislation have given underage hadhonah to the mother, but in this case the child who is mumayyiz can choose to join his fahter or mather, then he will be given the opportunity to choose himself. So the author was interested in conducting research on "Implementation of Hadhonah as a Result of Divorce Law at the Pekanbaru Religious Court". The problem is how is the implementation of hadhonah as a result of divorce law in the Pekanbaru religious court? This study aims to determine the implementation of hadhonah as a result of divorce law in the Pekanbaru religious court and to find out the inhibiting and supporting factors of hadhonah as a result of divorce law in the Pekanbaru religious court. This research is a normative-empirical research and the nature of the research is descriptive. Collecting data by means of interviews, questionnaires and documentation. The population in this study was the head of the Pekanbaru Religious Court, Judges, Registrars, litigants (divorce divorce and lawsuits), religious leaders, this sample amounted to 25 respondents. Direct data collection by interview and distributing questionnaires to respondents, then the results are managed qualitatively. The results of the study that the implementation of hadhonah as a result of divorce law at the Pekanbaru Religious Court in principle if there is a divorce between husband and wife, there can be ex-husbands and ex-wives but there is no such thing as ex-children. If the child still belongs to the father or mother even though their lives are separated, for the problem of the child wanting to follow the father or mother, you can ask the child directly if he is 12 years old. The implementation of the underage hadhonah decision is in accordance with the law and the judge's decision, but the determination of underage hadhonah in the hands of the mother often leads to disobedience by the parties, especially the father who no longer provides a living for his child. Based on the analysis, the authors conclude that the implementation of hadhonah as a result of divorce law at the Pekanbaru Religious Court occurs that there are still some parents who do carry out their hadhonah in accordance with applicable regulations, one of which is the father of the children who do not provide a living for their child. If father does not want to give it provide for their children then it is included in the law on child protection because it has abandoned the child and the fahter can enter into a criminal case regulated in law no 23 of 2022 concerning child protection which is usually submitted to the district court. In the inhibiting factors are divided including time division and dual roles as well as in supporting factors including education, parental responsibility, family support which is very much needed in a parent who is divorced and has children.

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