IMPLEMENTATION OF JUDGES' DECISIONS ON CHILDREN AFTER MARRIAGE DIVISION IN THE PURUSA SYSTEM
Dissolution of a marriage or divorce will result in not only changing the rights and obligations of the husband and wife, but also the rights and obligations of the children. The formulation of the problem raised in this study is how is the implementation of the judge's decision on children after the breakup of a marriage due to divorce in the purusa system and what are the obstacles encountered in implementing the judge's decision on children after the breakup of a marriage in the purusa system. This type of research is empirical legal research that focuses on people's behavior and requires primary data as primary data and secondary data or legal materials in the form of existing laws and regulations. In this research, it is contained in the provisions of Law Number 1 of 1974 concerning Marriage and Law Number 23 of 2002 concerning Child Protection Obligations and responsibilities of family and parents are regulated in Article 26 paragraph (1) and (2) of Law Number 23 2002 concerning Child Protection. This study uses existing laws, takes articles and books as well as case examples. The conclusion of this study is the decision of the Honorable Judges, that divorce does not break the relationship between the child and both parents, that for the sake of the child, both parents must still play their maximum role according to their abilities regardless of who has custody of the child in question. The purusa issue may be taken into consideration in the decision by obliging the mother to always bring the child to the middle of the father's family when there is a traditional ceremony related to the purusa. Of course, both parties must learn to be heartened still for the sake of the child and understand what is happening. He can choose for himself who to entrust his future with, whether to the father or mother.
Ketut Artadi, 2007, Balinese Customary Law With Various Problems Equipped with Jurisprudence, Setia Kawan, Denpasar.
M. Nasir Djamil, 2013, Children are not to be punished, Sinar Graphic, Jakarta
Manurung, Happy, 2013, Divorce Issues Based on the Civil Code, Tonis, Bandung
Pudja Gde, 2008, Introduction to Marriage According to Hindu Law, Maya Sari, Jakarta
R. Subekti, and R. Tjitrosudibio, 2009, Civil Code, Pradnya Paramita, Jakarta