Juridical Analysis Judges' Consideration In Granting Child Custody Permits To Foster Parents (Study Of Decision Of The Lubuk Pakam Religious Court Number 706/Pdt.G/2018/PA.LPK And Decision Number 943/Pdt.G/2014/PA.LPK

Feb 27, 2025 by ADMIN 218 views

Juridical Analysis: Judges' Consideration in Granting Child Custody Permits to Foster Parents

The struggle for child custody is often a complex problem, both before and after divorce between husband and wife. Often, former couples try to get custody of their children, because for parents, children are hope and an inseparable future. In this context, this article will discuss how the legal regulation regarding child custody according to the compilation of Islamic law, as well as providing analysis of judges' considerations in two decisions issued by the Lubuk Pakam Religious Court, namely Decision Number 706/Pdt.G/2018/PA. LPK and Decision Number 943/Pdt.G/2014/PA.LPK. In addition, this article will also explore the legal consequences that arise from the decision.

Legal Arrangement of Children's Custody Rights

In the compilation of Islamic law, the regulation of child custody in the divorce case is regulated in Article 105 in conjunction with Article 156 and Article 106. It is explained that the maintenance of children who have not reached the age of Mumayyiz (not yet 12 years old) become the right of his mother. Meanwhile, a child who has mumayyiz has the right to vote between his father or mother as the holder of custody. This shows that in Islamic law, there is special attention to the interests and welfare of children, where child custody is not merely based on the status of parents, but on the needs of the child itself.

The regulation of child custody in Islamic law is based on the principle of protecting the welfare and interests of children. This principle is enshrined in the compilation of Islamic law, which emphasizes the importance of maintaining the well-being of children, regardless of the circumstances of their parents. The regulation of child custody in Islamic law is designed to ensure that children are protected from harm and are provided with the necessary care and support to thrive.

In addition to the regulation of child custody in Islamic law, there are also other legal provisions that govern the rights of children in divorce cases. For example, Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage, Jo Article 19 Letter (f) Government Regulation Number 9 of 1975, provides that the court shall consider the best interests of the child when making decisions regarding custody. This provision emphasizes the importance of prioritizing the welfare and interests of children in divorce cases.

Judge's Consideration in the Court's Decision

In the decision of the Lubuk Pakam Religious Court Number 706/Pdt.G/2018/PA.LPK, the Judge gave an custody permit to the child with consideration based on Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage, Jo Article 19 Letter (f) Government Regulation Number 9 of 1975. On the other hand, in decision number 943/Pdt.G/2014/PA.LPK, the judge considers the giving of custody to the father based on an agreement between husband and wife regarding childcare after divorce, and provisions of relevant articles in the same regulation. Judges' considerations in these two cases show that the decision taken is not only based on positive law, but also considers the situation and agreement between parents.

The judge's consideration in the court's decision is a critical aspect of the child custody process. In making decisions regarding custody, judges must consider a range of factors, including the best interests of the child, the wishes of the parents, and the child's relationship with each parent. The judge's consideration must also take into account the legal provisions that govern child custody, including the regulation of child custody in Islamic law.

In the decision of the Lubuk Pakam Religious Court Number 706/Pdt.G/2018/PA.LPK, the judge considered the best interests of the child when making a decision regarding custody. The judge took into account the child's age, health, and educational needs, as well as the child's relationship with each parent. The judge also considered the wishes of the parents and the agreement between them regarding childcare after divorce.

In contrast, in the decision of the Lubuk Pakam Religious Court Number 943/Pdt.G/2014/PA.LPK, the judge considered the agreement between the husband and wife regarding childcare after divorce. The judge took into account the provisions of relevant articles in the same regulation, which emphasize the importance of prioritizing the welfare and interests of children in divorce cases.

Legal Consequences for Granting Child Custody Permits

The legal consequences arising from the granting of child custody permits by judges are that parents who get custody have the obligation to maintain and educate children who are still underage. Both the mother and father remain responsible in providing the best education and care for the benefit of children. Despite divorce, obligations as parents do not end, and this is clearly regulated to maintain the welfare of children.

The legal consequences of granting child custody permits are significant. Parents who are granted custody have a range of responsibilities, including providing for the child's physical, emotional, and educational needs. The parents must also ensure that the child's welfare and interests are protected, and that the child is provided with a stable and loving environment.

In addition to the responsibilities of parents, the legal consequences of granting child custody permits also include the obligation to maintain and educate children who are still underage. This means that parents who are granted custody must provide for the child's education, including providing access to quality education and ensuring that the child has the opportunity to develop their skills and abilities.

Conclusion

Based on the analysis of the two decisions of the Lubuk Pakam Religious Court, it can be concluded that the judge's consideration in granting a child custody permit is very concerned about the interests of the child itself. Legal arrangements in the compilation of Islamic law provide a clear framework regarding custody, and judges are required to consider not only legal provisions, but also concrete conditions and agreements between parents. Thus, the judge's decision not only has an impact on custody, but also on the responsibility of parents in educating and protecting children for their best interests.

In conclusion, the judge's consideration in granting child custody permits is a critical aspect of the child custody process. The judge's consideration must take into account a range of factors, including the best interests of the child, the wishes of the parents, and the child's relationship with each parent. The judge's consideration must also take into account the legal provisions that govern child custody, including the regulation of child custody in Islamic law.

The legal consequences of granting child custody permits are significant, and parents who are granted custody have a range of responsibilities, including providing for the child's physical, emotional, and educational needs. The parents must also ensure that the child's welfare and interests are protected, and that the child is provided with a stable and loving environment.

Overall, the judge's consideration in granting child custody permits is a critical aspect of the child custody process, and must take into account a range of factors, including the best interests of the child, the wishes of the parents, and the child's relationship with each parent. The judge's consideration must also take into account the legal provisions that govern child custody, including the regulation of child custody in Islamic law.
Frequently Asked Questions: Juridical Analysis of Judges' Consideration in Granting Child Custody Permits

In our previous article, we discussed the juridical analysis of judges' consideration in granting child custody permits. In this article, we will answer some of the most frequently asked questions related to this topic.

Q: What is the primary consideration of judges in granting child custody permits?

A: The primary consideration of judges in granting child custody permits is the best interests of the child. This means that judges must consider the child's physical, emotional, and educational needs, as well as their relationship with each parent.

Q: What are the legal provisions that govern child custody in Islamic law?

A: The legal provisions that govern child custody in Islamic law are regulated in Article 105 in conjunction with Article 156 and Article 106. These provisions emphasize the importance of prioritizing the welfare and interests of children in divorce cases.

Q: What is the role of the court in determining child custody?

A: The court plays a critical role in determining child custody. Judges must consider a range of factors, including the best interests of the child, the wishes of the parents, and the child's relationship with each parent. The court must also take into account the legal provisions that govern child custody, including the regulation of child custody in Islamic law.

Q: What are the responsibilities of parents who are granted custody?

A: Parents who are granted custody have a range of responsibilities, including providing for the child's physical, emotional, and educational needs. They must also ensure that the child's welfare and interests are protected, and that the child is provided with a stable and loving environment.

Q: Can parents agree on child custody without going to court?

A: Yes, parents can agree on child custody without going to court. In fact, many parents are able to reach an agreement on child custody through mediation or other forms of alternative dispute resolution. However, if an agreement cannot be reached, the court may need to intervene to determine child custody.

Q: What happens if parents disagree on child custody?

A: If parents disagree on child custody, the court may need to intervene to determine child custody. In this case, the court will consider the best interests of the child and make a decision based on the evidence presented.

Q: Can grandparents or other relatives be considered for child custody?

A: Yes, grandparents or other relatives can be considered for child custody. However, the court must consider the best interests of the child and determine whether granting custody to a relative is in the child's best interests.

Q: How long does the child custody process typically take?

A: The child custody process can take anywhere from a few weeks to several months or even years, depending on the complexity of the case and the availability of the court.

Q: What are the costs associated with the child custody process?

A: The costs associated with the child custody process can vary widely, depending on the complexity of the case and the services required. However, parents can expect to pay for court fees, attorney fees, and other expenses related to the process.

Q: Can I appeal a child custody decision?

A: Yes, you can appeal a child custody decision. However, the appeal process can be complex and time-consuming, and it is generally recommended that you seek the advice of an attorney before appealing a decision.

We hope that these questions and answers have provided you with a better understanding of the juridical analysis of judges' consideration in granting child custody permits. If you have any further questions or concerns, please do not hesitate to contact us.