PERLINDUNGAN KEPENTINGAN TERBAIK ANAK DALAM PENYELESAIAN SENGKETA HADHANAH PASCA PERCERAIAN DI PENGADILAN AGAMA NGANJUK

Abstract

This study examines the protection of the best interests of children in the resolution of hadhanah (child custody) disputes following divorce at the Nganjuk Religious Court. Child custody disputes often arise after divorce and may affect children's welfare, psychological development, and fulfillment of their rights. Therefore, mediation plays an important role in facilitating agreements that prioritize the best interests of the child. This research aims to analyze the efforts undertaken to protect children's best interests in the settlement of hadhanah disputes and to examine the role of mediation in supporting such protection. The study employed an empirical juridical approach with a qualitative method. Data were collected through interviews, observations, and documentation involving judges and mediators at the Nganjuk Religious Court. The collected data were analyzed using data reduction, data presentation, and conclusion drawing techniques. The findings reveal that the protection of children's best interests is implemented through mediation by encouraging effective communication, maintaining mediator neutrality, identifying the needs of the child, and directing the parties toward agreements that prioritize the child's welfare. The effectiveness of mediation is influenced by the good faith, cooperation, and willingness of both parties to reach a peaceful settlement. Although mediation does not always result in an agreement, it serves as an important mechanism for minimizing conflict and promoting decisions that support the child's well-being after divorce. The study concludes that mediation contributes significantly to the protection of children's best interests in hadhanah dispute resolution.