AKIBAT HAK ASUH ANAK DI BAWAH UMUR YANG DIASUH TERPISAH OLEH AYAH ATAU IBU PASCA PERCERAIAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI TABANAN NOMOR: 169/PDT.G/2017/PN.TAB)

Abstract

Divorce ends the relationship between husband and wife, but does not apply to the relationship
between parents and children. Children have their rights, including for minors. Positive law has
regulated the rules in taking care of children after divorce with the stipulation as the holder of child
custody from the court. The rules have been clearly stated in various laws, there are also customary
laws that regulate people's lives in various regions so that this should be taken into consideration if
you want to separate child custody. What are the consequences for the custody of minors who are
cared for separately by the father or mother after the divorce? The author examines this problem
using normative legal research methods. The research data shows that the judge's decision to separate
the custody of minors had a bad impact on one of the children from the point of view of Balinese
customary law, but not when viewed from the rules in positive law. This is because Balinese customary
law adheres to the Patrilineal kinship system (following the father's lineage). Therefore, it is highly
expected that child custody is fully given to the father who has good behavior so that their children do
not experience confusion that makes it dif icult for them to obtain their rights for having their mother’s
af ection. The judge's decision should involve the customary law that applies in the community as a
consideration in determining child custody rights so they will not suf er losses to the rights they have.