IMPLEMENTATION OF ARTICLE 45 OF LAW NO. 16/2019 ON CHILD CUSTODY BY DIVORCED PARENTS IN SINGARAJA DISTRICT COURT

Abstract

Divorce causes various legal consequences, including for children, joint property, and others. Currently, divorce often occurs which results in problems in determining child custody. There are 2 (two) objectives for conducting this research, the first objective is to find out the implementation of Article 4 of the Marriage Law Number 16 of 2019. Meanwhile, the second objective is to find out what the role of the Singaraja District Court is if there is a violation of child custody rights. The type of research used in this research is descriptive empirical legal research. The research sample determination technique used was the Non Probability Sampling Technique in the form of Purposive Sampling. The data obtained was then analyzed descriptively qualitatively, that is, it clearly describes the research problem. The results of the research obtained are that: (1) Article 45 of Law Number 16 of 2019 concerning Marriage at the Singaraja District Court for divorced parents is implemented because the role of parents to educate and look after their children even though they are divorced is their obligation and in determining custody rights, the panel of judges still pay attention to the role of existing law, facts in the environment and also the child's comfort or child's choice. (2) The legal consequences of violations of child custody rights that have been incarcerated will be dealt with such as revocation of child custody rights, and if there is a dispute over custody rights, neglect and even violence then a criminal offense will be imposed.