Jasman, Fauziah (2024) Analisa Putusan Hakim Nomor 432/pdt.g/2023/pa.pbr Dalam Perkara Cerai Gugat Kumulasi Hadhonah Di Pengadilan Agama Kota Pekanbaru Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

In Article 105 KHI in the event of divorce, the maintenance of children who are not mumayyiz or who are not yet 12 years old is the right of the biological mother. The care of a child who is included in mumayyiz will be handed over to the child to choose between his father or mother as the holder of the rights to his care. The costs for the child's maintenance are borne entirely by the child's biological father. The formulation of the problem in this research is how to regulate the law regarding Cumulation Hadhonah divorce. What are the judge's considerations in decision number 432/PDT.G/2023/PA.PBR in the hadhonah cumulation divorce case. This type of research is included in the Normative Law research method, namely legal research related to the normative application of laws in every society's life. The results of research regarding explanations regarding hadhonah showed that the hadhonah only applies to children who are still under supervision, namely children under 12 years of age. Meanwhile, children over 12 years old can choose for themselves whether to live with their mother or father. According to the hadhonah provisions, children under the age of 7 years must be under the supervision of their mother, while children over seven years old can be cared for by their father. Meanwhile, the limit of recipients or hadhonah rights to the mother is that until she remarries after she is married, the hadhonah rights are no longer valid and the father can take custody of the child. In the case of hadhonah cases, there are not as many cases of divorce that go to religious courts. I have data from 2018 to 2021, there are only 70 cases where on average these hadhonah lawsuits are filed by mothers and in these cases on average they are granted or end in peace. between the ex-husband and wife.

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