PERTIMBANGAN HAKIM ATAS HAK ASUH ANAK AKIBAT PECERAIAN ORANG TUANYA

The purpose of the research was to know the legal consideration of the judge in conclusion of the right of children nurture in the case of parental divorce and to know the judge’s decision in determining the right of children nurture has been whether appropriate with children’s right or not. Method of this research used was the normative legal research. The legal sources were primary and secondary legal sources. Method of collecting legal sources was conducted trough literary study and interview, whereas the analysis method used qualitative method by taking conclusion deductively. Based on the result of this research, it could be concluded that in the judge’s consideration, the judge always refers to the law number 1 of 1974 on the Marriage and Presidential Instruction Number 1 of 1991 on the spreading out of Islamic Legal Compilation. The judge also considers the children psychology, i.e. the relation of the children to their parent. If the children were closer and felt comfortable spent more time, and receive a lot of attention and care of their mother, thus the right of nurture was given to their mother, oppsitely if it happened to their father. This matter could be proven in court and based on the witness’s explanation. Thus, in principal the children could be nurtured, either by their mother or father in order to the wellbeing of their children. Basically, this judge’s decision on the determination of right of children nurture has ben appropriate with the children’s right. However, in the implementation, it has not been optimally because there were still happened any case relating to the parental obligation, especially the father who often neglect his obligation in paying and supplying money to this children. The advice could be submitted by the author is, if there any parental divorce, it is better to the parent not to do the dispute on the right of children nurture. Moreover, both of them sould held a good relation and also cooperate in order the best necessities of their children