Wahyuni, Sri (2026) Dampak Perceraian Di Luar Sidang Pengadilan Terhaadap Hak Asuh Anak Di Desa Semunai Kecamatan Pinggir Kabupaten Bengkalis. Other thesis, Universitas Islam Riau.

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Abstract

Divorce is a legal event that should be carried out through court proceedings in order to obtain permanent legal force. However, in practice, many people still carry out divorces outside court proceedings, including in Semunai Village, Pinggir District, Bengkalis Regency. Divorce conducted outside the court gives rise to various legal problems, particularly related to legal certainty and the protection of child custody rights. Children, as the most vulnerable parties, often experience negative impacts in the form of unclear caregiving arrangements, failure to fulfill financial support, and psychological distress resulting from parental conflict. Based on this background, the problems formulated in this study are how divorce outside court proceedings affects child custody in Semunai Village, Pinggir District, Bengkalis Regency, and how child custody is resolved after divorce conducted outside court proceedings in the area. The research method used is empirical legal research with a descriptiveanalytical nature. Data were obtained through observation, interviews, and documentation, supported by a literature study of relevant laws and regulations as well as legal literature. This research was conducted in Semunai Village, Pinggir District, Bengkalis Regency using a purposive sampling technique. The results of the study indicate that divorce outside court proceedings has a direct impact on the uncertainty of child custody determination due to the absence of a valid court decision. Child custody is generally determined through family agreements without a strong legal basis, which potentially leads to conflicts between parents and neglects the best interests of the child. This condition results in the failure to fulfill children’s rights to proper, stable, and sustainable care and weakens legal protection for child custody rights within community social practices.

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