Analisis Yuridis Perlindungan Anak Korban Perceraian Dalam Persepektif Hukum Islam Dan Hukum Perdata Di Indonesia

Abstract

Analyze legal protection for children victims of divorce by referring to Islamic law and Indonesian civil law. Divorce often triggers prolonged conflicts regarding child custody. After the divorce, new problems arise, especially related to their responsibilities as parents in caring for children. Judging from many cases, children's rights are often ignored by husbands or wives, either consciously or unconsciously. Therefore, it is very important to take protective measures so that children's rights can be protected. How is the protection of children victims of divorce from the perspective of Islamic law and civil law in Indonesia? It aims to understand how both legal systems provide protection for children in divorce situations. The research method used by the researcher is descriptive juridical normative The results show that Islamic Law emphasizes on moral and ethical aspects by prioritizing deliberation and custody based on the best interests of the child, while Civil Law provides legal certainty through formal procedures in court that consider age factors, psychological conditions, and the emotional relationship between children and parents.