PENAFSIRAN HUKUM HAKIM ATAS KETENTUAN AGAMA PENGASUH DALAM PERKARA PENGASUHAN ANAK (STUDI PUTUSAN: 624 K/Ag/2015)

The parenting case is one of the cases that is often accompanied by quite complex conflicts. One of the cases with complicated conflicts was the case with decision No. 624 K / Ag / 2015 which involved the caregiver parents, the mother and the father of the child. Based on the decision of the Sleman Religious Court, the father and mother have officially divorced, and the custody of the child is under the care of the mother. Based on the lawsuit by the father, during the ongoing parenting period, the mother went abroad and left her children, and the children lived with the mother's child with her previous husband. The Religious Court which handled the case gave a decision that the custody of the child from the mother was revoked and given to the father. Based on the verdict, the mother was not satisfied and submitted an appeal. At the appeal level, the judge overturned the decision of the Religious Court and custody of the child returned to the mother. The judge gave custody of the child back to the mother with the consideration that in the father's care, the child was educated by the father in a Christian or non-Islamic school. The judge gave custody of the child to the mother again on the basis that the father could not take care of the child physically and mentally. Based on the decision at the appeal level, the father did not accept the decision and then submitted an application to the cassation level. The judge at the cassation level upheld the decision at the appeal level. With the judge's consideration being the same as the appeal level, namely on the basis of religion. This research is descriptive-analytical in nature, by examining the practices contained in judges' judgments (juridical empirical), namely to see practices in decisions through the approach of prevailing legal norms which are references to judges. The verdict studied was decision No. 624 K / Ag / 2015. To examine the practice of parenting in this decision, primary legal material, which includes Law No. 23 of 2002 as amended by Law No. 35/2014 concerning Child Protection and Compilation of Islamic Law as the basis. Based on an analysis that emphasizes on the argumentation of the judgments and decisions of the judge in this matter of custody. The judge's interpretation of the judge's decision uses teleological interpretation where the judge uses Article 42 paragraph (2) of Law No. 23 of 2002 as amended by Law No. 35 of 2014 on Child Protection as the basis in this matter where the sound of the article is not specifically explained the religious requirements of caregivers but can be interpreted in various ways. Understanding the judges, the religion of the caregiver is considered to provide the best interests of the child. The judge understood that with the custody of the mother the practice of the child's religion remained Islam because the child's religion was originally Islam Keywords: Judge's Consideration, Child Custody, Religion