Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia

Research Article

Legal Certainty on Children Custody as Divorce Victims

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  • @INPROCEEDINGS{10.4108/eai.30-10-2021.2315679,
        author={Mutmainah Mutmainah and Azis Budianto},
        title={Legal Certainty on Children Custody as Divorce Victims},
        proceedings={Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2022},
        month={1},
        keywords={children; custody; divorce; civil law},
        doi={10.4108/eai.30-10-2021.2315679}
    }
    
  • Mutmainah Mutmainah
    Azis Budianto
    Year: 2022
    Legal Certainty on Children Custody as Divorce Victims
    MIC
    EAI
    DOI: 10.4108/eai.30-10-2021.2315679
Mutmainah Mutmainah1,*, Azis Budianto1
  • 1: Universitas Borobudur, Jakarta, Indonesia
*Contact email: muthmainnahmursalinsamad72@gmail.com

Abstract

This paper presents a civil law perspective related to legal certainty for child custody as divorce victims. Through normative juridical research methods and literature studies, it is found that a child has the right to decide to be cared for by one of his parents. According to Article 41 of Law Number 1 of 1974 concerning Marriage, a divorced husband and wife are still obliged to maintain and educate children according to their needs. As long as the child is under 12 years old, the mother has the right to custody of her child, even though she is the party filing the divorce suit. The child's father is also required to provide care for the child until the child is married or is an adult.