Kedudukan Hukum Hasil Tes Psikologi Anak sebagai Alat Bukti dalam Persidangan Peceraian untuk Menetapkan Hak Asuh Anak Menurut Kompilasi Hukum Islam dan Undang-Undang Nomor 1 Tahun 1974 (Studi Putusan Nomor: 57/Pdt.G/2022/Pta.Mdn)

Abstract

Child custody is one of the most crucial issues in divorce cases. The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) and Law Number I of 1974 on Marriage stipulate that custody of a child is principally granted to the mother, unless there are valid reasons supported by evidence, such as the results of a psychological test, to determine otherwise. This study addresses the following issues: First, how is child custody regulated in the event of divorce according to the Compilation of Islamic Law and Law Number 1 of 1974? Second, what is the legal status of child psychological test results as evidence in court for determining custody? Third, how should the legal considerations of the judges in Decision Number 57/Pdt.G/2022/PTA.Mdn be analyzed. This study uses a normative juridical method, focusing on a statutory approach to court rulings, combined with a case approach in judicial proceedings and analysis of child psychology in legal contexts. The findings conclude that custody of children under the age of 12 is clearly regulated in Article 105 letter (a) of the Compilation of Islamic Law, which states that: custody of children who are not yet mumayyiz (discerning) or under 12 years old belongs to the mother. The legal standing of child psychological test results as documentary evidence in divorce trials is valid under Indonesian law, as stipulated in Article 164 of the HIR/Article 284 RBg and Article 1866 of the Civil Code (KUHPerdata). However, in Decision No. 57/Pdt.G/2022/PTA.Mdn, the panel of judges did not adequately consider the psychological test results as part of ensuring the best interests of the child.