Agung Sholeh

PENGALIHAN HAK ASUH ANAK KEPADA AYAH BIOLOGIS (Studi Putusan Pengadilan Agama Cirebon Nomor. 742/Pdt.G/2023/PA.CN)

Introduction

Pengalihan hak asuh anak kepada ayah biologis (studi putusan pengadilan agama cirebon nomor. 742/pdt.g/2023/pa.cn). Studi kasus putusan Pengadilan Agama Cirebon tentang pengalihan hak asuh anak kepada ayah biologis. Pelajari implikasi hukum dari putusan PA Cirebon.

Abstract

Review

This paper, titled "PENGALIHAN HAK ASUH ANAK KEPADA AYAH BIOLOGIS (Studi Putusan Pengadilan Agama Cirebon Nomor. 742/Pdt.G/2023/PA.CN)," addresses a critical and often sensitive area within family law: the transfer of child custody, specifically to the biological father. In the Indonesian legal context, particularly within the Religious Courts (Pengadilan Agama), the principle of *hadhanah* (child custody) traditionally gives priority to the mother, especially for younger children, making instances of custody being awarded or transferred to the father a significant subject for legal analysis. The focus on a specific court decision from the Cirebon Religious Court (No. 742/Pdt.G/2023/PA.CN) indicates a valuable case study approach, aiming to provide practical insights into the application of legal principles in a real-world judicial setting. The strength of this study lies in its focused, single-case analysis. By delving into a specific court decision, the paper has the potential to meticulously unpack the legal reasoning, the evidence presented by the parties, and the judicial considerations that led to the rare outcome of transferring custody to the biological father. Such an in-depth examination offers invaluable insights for legal practitioners, judges, and academics seeking to understand the specific circumstances under which the general rules of hadhanah might be overridden in favor of the child's best interests. This specific exploration contributes to the existing body of knowledge on Indonesian family law, highlighting the nuances and complexities involved in custody disputes and the practical application of statutory and religious legal frameworks. However, a significant limitation in reviewing this paper is the absence of an abstract. Without an abstract, it is challenging to assess the precise research questions, the methodology's depth beyond simply "studying the decision," the specific findings regarding the court's rationale, and the author's conclusions or recommendations. This absence precludes a comprehensive evaluation of the paper's analytical rigor and its specific contributions to the discourse on child custody transfers. While the title promises a focused case study, future iterations of this work would benefit from a detailed abstract that clearly outlines the paper's scope, its analytical framework, the key legal precedents or arguments discussed, and the implications of the Cirebon Religious Court's decision, thereby allowing for a more thorough assessment of its academic merit and practical relevance.

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