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.