Habitual Residence on Children Victims of Divorce in Mixed Marriage: Maslahah Mursalah Perspective

. This study aims to answer the problem of child custody in marriages of different countries. In addition, it explains more about the meaning of the concept of habitual residence. And make the concept of habitual residence as Maṣlaḥah Mursalah in the settlement of child custody rights in inter-state marriages. This type of research is qualitative with the support of library research and by using a doctrinal legal approach (doctrinal research). The sources of data used are the laws in force in Indonesia, books, articles, and journals related to this research. With the influence of globalization in Indonesia, there are many marriages between different countries. The author focuses on the impact of mixed marriage divorce, namely the struggle for child custody. Historically, The decision on child custody in inter-state marriages focuses on Law Number 62 of 1958 concerning Citizenship, that the Ius Sanguinis principle is used as an absolute principle. However, the law has generated a lot of controversy. Then, Law Number 12 of 2006 concerning Citizenship was born as a substitute. In this Law, the principle of Ius Sanguinis is absolutely replaced with an optional right. But these optional rights also have a negative impact on the welfare of children. The results of this study explain that child custody in mixed marriages of different countries is determined by the concept of habitual residence. Because the concept of habitual residence puts forward the principle of the best interest of child or prioritizing happiness for children.