Marriage is a bond between a man mentally and physically with a woman as husband and
wife with the aim of forming a family (household), a happy and everlasting based on belief in
one god. And in a marriage can lead to a divorce, Divorce is one of dissolution of marriage due
to a particular cause, through the registration of the judge’s decision on civil registration.
Judges always refers to Law No. 1 of 1974 in deciding upon divorce. Loss of marriage by
divorce has legal consequences contained in the Marriage Law No. 1 of 1974 in article 41
paragraph 1 to 3, which is obliged to maintain, educate, feed the child. And she decided the
marriage was also an impact on children on care and maintenance if the child was a toddler. The
author conducted research using normative approach. The research method is to perform
abstraction through a deductive process of positive legal norms in force, in the form of
systematization of law and the law of the horizontal synchronization of the problematic
obligations and responsibilities of husband and wife on the fulfillment of children’s rights after
divorce.
The results showed that the reason divorce is that between husband and wife would not
be able to live in harmony as husband and wife, in accordance with Law No. 1 of 1974 Article
39, paragraph 2. In its legal considerations about the obligations and responsibilities of husband
and wife on the fulfillment of children's rights after divorce is always based on Law No. 1 Year
1974 on Marriage. And Law No. 23 of 2002 on Child Protection was not used because of, not set
explicitly on the rights of children due to parental divorce. Decisions of judges determining the
obligations and responsibilities of husband and wife on the fulfillment of children's rights after
divorce, is in conformity with the rights of children such as children's rights provided for in
Article 26 paragraph (1) letters a and b of Law Number 23 of 2002 on Child Protection in the
form of children's rights to get care, maintenance, protection, education and the right of children
to grow and develop properly.