Penerapan Undang-Undang No 35 Tahun 2014 Tentang Perlindungan Anak Terhadap Sengketa Hak Asuh Anak Pada Perkawinan Campur (Studi Kasus Putusan No 804/k/pdt/2016)

Abstract

Marriage is something that many humans want in the hope of getting offspring and living happily. At present marriage is not constrained by distance, because technology advances so rapidly that it allows people to meet and marry people of different nationalities. Marriage with different citizenship is called mixed marriage, from a marriage that does not always run smoothly whether it is a marriage between the local community and the community that conducts a mixed marriage, so that divorce can happen at any time and from the divorce it will cause new problems regarding custody children of marriages are as in the decision of the Supreme Court No. 804 K / Pdt / 2016. In the intermarriage of mixed marriages there will be a selection of state law of the parties to settle the case, therefore the author is interested in analyzing the case from the perspective of Indonesian law especially Law 35 of 2014 concerning child protection .......... .................................................. ......... The formulation of the problem in this study is How are the Requirements for Child Custody Holders in Mixed Marriage Disputes, How are the provisions of Law No. 35 of 2014 Regarding Parental Relations After Divorce and How Judge's Consideration of Asus Children's Rights in Mixed Marriage in Decision No. 804.K / Pdt / 2016. ............................ The type of legal research used is empirical juridical research methods that examine the study of documents. The location of the study was conducted in the Medan District Court. the data used are primary data, secondary data and tertiary data. The nature of the research used is descriptive analysis ........................................... .................................................. Based on the results of the discussion conducted, the authors conclude that in the decision No. 804 K / Pdt / 2016 the law used by law is Indonesian law with the selection of Lex Fori law. In terms of child custody holders according to Law No. 35 of 2014 concerning protection of children that those entitled to become foster parents are both parents, but those chosen are more appropriate by the court. Whereas in decision No.804 K / Pdt / 2016 the child custody was handed over to the plaintiff (father of the child) because the defendant had abandoned the child.