Legal Certainty for Mothers in Child Custody Disputes: Implications of Deficiency of Child Custody in the Indonesian Legal System

This study aims to analyze the impact of confiscation of custody rights for mothers and children and its implications for the Indonesian legal system, in order to formulate an ideal legal settlement for child custody disputes in the future so that justice is achieved for the mother. This study uses a normative juridical research method using statute approach and case approach. The research resulted that it was found the impact of the confiscation of child custody rights not only affects the psychological condition of the mother and child, but also creates uncertainty in the justice system in Indonesia. The confiscation of custody rights by ex-husbands shows weaknesses in law enforcement and a lack of adequate protection for mothers and children.

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Publication Details

Journal
Formosa Journal of Multidisciplinary Research
Published
2025-01-22
DOI
https://doi.org/10.55927/fjmr.v4i1.12532
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Legal Certainty for Mothers in Child Custody Disputes: Implications of Deficiency of Child Custody in the Indonesian Legal System

Sri Ayu Astuti, Heristiawan Aryo Wirotomo, Taufik Dany Somala, Royus Yunior Stivenson Nuha et al.
1 links
Formosa Journal of Multidisciplinary Research
Marriage and Family Dynamics
article

Legal Certainty for Mothers in Child Custody Disputes: Implications of Deficiency of Child Custody in the Indonesian Legal System

Sri Ayu Astuti, Heristiawan Aryo Wirotomo, Taufik Dany Somala, Royus Yunior Stivenson Nuha, Dwi Setiaputra Suistiyono
article en

Abstract

This study aims to analyze the impact of confiscation of custody rights for mothers and children and its implications for the Indonesian legal system, in order to formulate an ideal legal settlement for child custody disputes in the future so that justice is achieved for the mother. This study uses a normative juridical research method using statute approach and case approach. The research resulted that it was found the impact of the confiscation of child custody rights not only affects the psychological condition of the mother and child, but also creates uncertainty in the justice system in Indonesia. The confiscation of custody rights by ex-husbands shows weaknesses in law enforcement and a lack of adequate protection for mothers and children.

Formosa Journal of Multidisciplinary ResearchVol. 4(1)
Universitas Wisnuwardhana Malang (ID)
Openalex Percentile: Top 97%
Marriage and Family Dynamics
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Legal Certainty for Mothers in Child Custody Disputes: Implications of Deficiency of Child Custody in the Indonesian Legal System — Sri Ayu Astuti, Heristiawan Aryo Wirotomo, et al. · Formosa Journal of Multidisciplinary Research (2025) | TGRS Research Map | TGRS