ANALISIS YURIDIS HAK PEMELIHARAAN ANAK DI BAWAH UMUR AKIBAT PERCERAIAN PADA PERKAWINAN BEDA KEWARGANEGARAAN

Abstract

The right care for children occurs after a result of divorce in marriage as stated in Law (Undang-undang) Number 1 of 1974 concerning Marriage. The right care for children in question as mixed marriages is not the same as in marriages between Indonesian citizens. Because if the right care for a child falls to a spouse who is a foreign citizen, It’s not impossible that the child will be taken to his home country. The problem of this research is how is the right to care for minors due to divorce in different nationality marriages based on Law (Undang-undang) Number 1 of 1974 concerning Marriage. As well as the purpose of this study to determine the right to care for minors due to divorce in different nationality marriages based on Law Number 1 of 1974 concerning Marriage. The theory used is the theory of legal protection. The research method used is the statute approach (statutory approach), this research examines the literature study by collecting several primary and secondary legal materials. The results of the study found that the right care for minors due to divorce in marriages with different nationalities was carried out by looking at the interests and needs of the child. However, the rights of the mother can be transferred to the father if the mother has bad behavior so that it can affect the growth and development of the child.