Post-Divorce Consequences: A Legal Study of Decision No. 1442/Pdt.G/2018/PA.Btl

Marriage is a union formed between a man and a woman legally. However, divorce often brings various challenges, one of which is the issue of child custody when children are born into the marriage. The research examines who is granted custody of the child in case No. 1442/Pdt.G/2018/PA.Btl and the responsibilities of parents after divorce based on the same case ruling. The study aims to determine the legal custody arrangement as per the verdict in case No. 1442/Pdt.G/2018/PA.Btl and how parental responsibilities are implemented post-divorce. The research employs an empirical normative legal approach. The study's findings reveal, custody is implicitly granted to the mother, as the child is still a minor (under 12 years old) and had been living with the mother prior to the divorce. Moreover, the responsibilities of divorced parents align with Article 41 of Law No. 1 of 1974 on Marriage and Article 104(1) of the Compilation of Islamic Law (CIL), which state that both parents remain obligated to care for and educate their child, with the father responsible for covering the child's living and educational expenses

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Publication Details

Journal
Media of Law and Sharia
Published
2025-03-27
DOI
https://doi.org/10.18196/mls.v6i2.227
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

Post-Divorce Consequences: A Legal Study of Decision No. 1442/Pdt.G/2018/PA.Btl

Ahdiana Yuni Lestari, Ayu Yustika Arifia
Media of Law and Sharia
Marriage and Family Dynamics
article

Post-Divorce Consequences: A Legal Study of Decision No. 1442/Pdt.G/2018/PA.Btl

Ahdiana Yuni Lestari, Ayu Yustika Arifia
article en

Abstract

Marriage is a union formed between a man and a woman legally. However, divorce often brings various challenges, one of which is the issue of child custody when children are born into the marriage. The research examines who is granted custody of the child in case No. 1442/Pdt.G/2018/PA.Btl and the responsibilities of parents after divorce based on the same case ruling. The study aims to determine the legal custody arrangement as per the verdict in case No. 1442/Pdt.G/2018/PA.Btl and how parental responsibilities are implemented post-divorce. The research employs an empirical normative legal approach. The study's findings reveal, custody is implicitly granted to the mother, as the child is still a minor (under 12 years old) and had been living with the mother prior to the divorce. Moreover, the responsibilities of divorced parents align with Article 41 of Law No. 1 of 1974 on Marriage and Article 104(1) of the Compilation of Islamic Law (CIL), which state that both parents remain obligated to care for and educate their child, with the father responsible for covering the child's living and educational expenses

Media of Law and ShariaVol. 6(2)
Muhammadiyah University of Yogyakarta (ID)
Openalex Percentile: Top 92%
Marriage and Family Dynamics
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