| Summary: | This research is a normative legal research, which concerns the implications of
the Divorce Divorce Marriage of Different Religious Against Child Custody. Problem 1). What
is the legal protection for interfaith marriages in Indonesia ? 2). What are the implications
of the divorce of interfaith marriages for child custody? The purpose of this study was to
determine the implications of divorce between different religions for child custody. The
benefit of this research is to provide input for the government to take a policy and provide
knowledge to the public about interfaith marriages. Results of the discussion: 1). Based on
article 35 of the Population Administration Act of interfaith marriages can be recorded based
on the determination of the Court as long as it does not violate legal norms and norms of
decency, because the Marriage Act does not mention that interfaith marriages are prohibited.
2). If no agreement is found, the court will decide who has the right to obtain custody of the
child. Conclusions: 1). Interfaith marriages can be recorded if based on the determination
of the court in accordance with the provisions of the Law on State Administration article 35
letter a. 2). Child custody of a minor falls to the care of his mother, as long as the mother has
never been proven guilty in court. While a child who is capable of law can choose between
his father or mother as the holder of the right to care.
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