PERTIMBANGAN HAKIM DALAM PENETAPAN HADHANAH YANG BELUM MUMAYYIZ DIBAWAH PENGASUHAN AYAH

Abstract

This study is entitled Judges' Considerations in the Determination of Hadhanah who Has Not Been Mumayyiz Under The Care of Fathers (Study Of Judgment No. 635/Rev.G/2020/PA. Skg). The problem studied is how Hadhanah who has not been mumayyiz under the care of his father in the Sengkang Religious Court and how the legal analysis used by the judge in the judgment of hadhanah case number 635/Rev.G/2020/PA. SKG. This type of research is classified as qualitative, the research data is obtained directly from the results of interviews with judges at the Sengkang religious court by paying attention to several aspects relevant to the issues discussed such as the Compilation of Islamic Law (KHI), the Child Protection Law and the Law on Human Rights.

Based on the results of the study, it shows that in the application of the hadhanah case decision in the Sengkang Religious Court, Article 105 letter (a) of the Compilation of Islamic Law becomes the basis for consideration for judges if there is no dispute between the two parents in the care of the child. But if you encounter hadhanah matters in general, The judge referred to Law Number 23 of 2002 concerning Child Protection and also paid attention to the legal facts revealed in the trial and sourced to Jurisprudence Number 110 K/ 2007AG in the judgment of consideration in the hadhanah case.