Implementasi Konvensi Hak Anak (KHA) dalam Putusan Ḥaḍānah di Pengadilan Agama Sleman

Abstract

The author is interested in the decision regarding Child Custody which
originated from the existence of divorce, so that when the verdict
regarding divorce occurred indirectly it would be a matter of ḥaḍānah.
With the Convention on the Rights of the Child (CRC) in which there is a
problem of good principles for children, according to the authors it is
interesting to study, using the best interest of child theory, how later the
implementation of the Convention on Child Rights in a Child Custody
decision and how later the judge in considering a case ḥaḍānah will refer
to the principles of the CRC or not, besides using the Compilation of
Islamic Law and the Marriage Law etc. This is the qualitative research
based on descriptive analytic. Research results that the application of the
Convention on the Rights of the Child in the ḥaḍānah decision in the
Sleman Religious Court is inseparable from seeing the condition of the
child (whose willingness / comfort to live with, environment, education)
all must see or refer to the child or the child's interests without exception.