scholarly journals PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA

2021 ◽  
Vol 7 (1) ◽  
pp. 188-210
Author(s):  
Rika Saraswati ◽  
Emanuel Boputra ◽  
Yuni Kusniati
Keyword(s):  
Gender Equality ◽  
Child Custody ◽  
Qualitative Data ◽  
District Court ◽  
Court Decisions ◽  
Joint Custody ◽  
Best Interest ◽  
Sole Custody ◽  
Better Than ◽  
Parenting Plan

In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children.  Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody.  Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.

scholarly journals Penghargaan Hak Berpendapat Anak di Pengadilan: Studi Kasus di Pengadilan Negeri Semarang

2018 ◽  
Vol 13 (2) ◽  
pp. 237
Author(s):  
Rika Saraswati ◽  
V Hadiyono
Keyword(s):  
Child Protection ◽  
Child Custody ◽  
Field Research ◽  
Children's Rights ◽  
District Court ◽  
Court Decisions ◽  
The Law ◽  
Witness Statements ◽  
The Right ◽  
Main Factor

The right of children to be heard are guaranteed by the Child Protection Act in Indonesia. This is very principle as the main factor for judges to make decisions regarding disputes over child custody. The purpose of this study is to examine the implementation of laws in Indonesia that regulate children's rights to be heard in court. Data was taken by conducting documentary research and field research by collecting several decisions from the District Court of Semarang and interviewing the judges who handled this matter. This research shows that children are rarely asked for their opinions in the courtroom; Their opinions are only considered information, not as witness statements. As a result, their opinions and expectations have no effect on court decisions. The study also shows that the law in Indonesia has regulated the obligation of judges to listen to the opinions of children in court, but judges never consider it.

Making Sense of the Best Interest of Children in Vulnerable Family Relationships

2013 ◽  
pp. 211-216
Author(s):  
Mutsuko Takahashi
Keyword(s):  
Family Relationships ◽  
Child Custody ◽  
Legal Reform ◽  
Joint Custody ◽  
Best Interest ◽  
Making Sense ◽  
Living Together ◽  
Custodial Parents

The aftermath of divorce or separation of a couple with children profoundly affects the lives of all those who used to live together as a family. In Japan the current legislation admits child custody for either of the parents at divorce, and it is usually mothers who become the custodial parents living together with child. Differently from many other societies the joint custody system has not been introduced to Japan, and some people (legal experts, researchers and activist citizens mainly of fathers’ rights movement) in Japan are activating the discussion about legal reform for introducing joint custody to Japan.

A Review and Analysis of Prison Litigation Reform Act Court Decisions: Solution or Aggravation?

1997 ◽  
Vol 77 (4) ◽  
pp. 405-455 ◽  
Author(s):  
KATHERINE BENNETT ◽  
ROLANDO V. DEL CARMEN
Keyword(s):  
Due Process ◽  
Separation Of Powers ◽  
Legal Issues ◽  
District Court ◽  
Court Decisions ◽  
District Courts

On April 26, 1996, Congress enacted landmark legislation aimed at curtailing meritless inmate litigation and restricting remedies for prison condition lawsuits. This legislation, the Prison Litigation Reform Act (PLRA), is briefly summarized in this article. Five areas of constitutional challenges to the PLRA at the appellate and district court level are reviewed. Eleven legal issues raised by the PLRA are inconsistent decisions among circuit and district courts, particularly in the areas of separation of powers and due process violations.

scholarly journals Kulturelle verdier og barnevernet: Ulike forståelser av «barnets beste»

2020 ◽  
pp. 89-111
Author(s):  
Mari Rysst
Keyword(s):  
Cultural Values ◽  
Child Protection ◽  
Immigrant Families ◽  
Psychological Anthropology ◽  
Best Interest ◽  
Child Protection Services ◽  
Personal Experiences ◽  
Better Than ◽  
Parenting Values

In this chapter I discuss cultural values related to child protection services (CPS). More precisely, I focus on professionals working in CPS and their relationship and meetings with families of immigrant origins. These meetings often reflect different cultural values and understandings of “the best interest of the child” and may cause tensions and misunderstandings. In the Norwegian CPS system, professionals have to draw on professional and personal experiences in decisions concerning the “best interest of the child”. This chapter uses concepts and perspectives from psychological anthropology to throw light on these processes. This is because these perspectives show how ideas and experiences are internalized and embodied as dispositions in habitus that may motivate certain actions when professionals and immigrant families meet. I also discuss whether some reactions and advice from professionals may be understood as ethnocentric because Norwegian parenting values are presented as “better” than parenting values from other countries.

scholarly journals Challenges for child support schemes: Accounting for shared care and complex families

2018 ◽  
Vol 28 (3) ◽  
pp. 211-223 ◽  
Author(s):  
Elke Claessens ◽  
Dimitri Mortelmans
Keyword(s):  
Comparative Analysis ◽  
Gender Roles ◽  
Gender Equality ◽  
Child Support ◽  
Family Care ◽  
Shared Care ◽  
Family Policies ◽  
Policy Models ◽  
Sole Custody ◽  
Traditional Approaches

The increasing prevalence of shared care and complex families is challenging traditional approaches to child support determination based on the ‘classic’ two-parent, sole custody, post-divorce family. This article provides a comparative analysis of how these challenges are being addressed in the child support schemes of eight different countries and evaluates these approaches in the light of family policies on gender equality in family care. We find great diversity in the incorporation of shared care and complex families, which is not clearly connected to existing ideal typical policy models on gendered family care. However, child support schemes, at least partially, seem to translate into assumptions concerning gender roles and general policy aims concerning gender equality. In order to better understand how countries accommodate the challenges arising from the modern post-separation family, gender equality seems a vital consideration to take into account.

Putusan Serta Merta dalam Perkara Hadhanah di Pengadilan Agama dalam Rangka Perlindungan Anak

2021 ◽  
Vol 15 (1) ◽  
pp. 67-82
Author(s):  
Asni Asni
Keyword(s):  
Child Custody ◽  
Legal Action ◽  
Best Interest ◽  
Literature Study ◽  
Legal Research ◽  
Normative Approach ◽  
Opposing Party ◽  
Special Strategy

Child custody cases processed in the Religious Court often cause certain problems. Therefore, a special strategy is needed by the judge in resolving child custody cases. This paper describes the opportunities for implementing decisions immediately as one of the strategies that can be taken by judges in resolving child custody cases in the Religious Court. A decision immediately is a decision that can be immediately executed even if the opposing party submits legal action. Methodologically, this study uses normative legal research so that it applies a juridical normative approach. The research was conducted by adapting a literature study combined with interviews with Religious Court judges. The results of the study confirm that a decision immediately is one of the strategies that a judge can take if in a case it is feared that the losing party will make negative efforts that can harm the winning party. However, the most important consideration for the judge in this matter is for the best interest of the child and the realization of the benefit of society.

Child Custody and Parental Competencies

2019 ◽  
pp. 103-104
Author(s):  
Eileen P. Ryan
Keyword(s):  
Child Custody ◽  
Convincing Evidence ◽  
Parental Rights ◽  
Best Interest ◽  
Parental Preference ◽  
Custody Arrangements

Chapter 12 contains only two cases, Painter v. Bannister and Santosky v. Kramer, but these cases are extremely important in having established the important principles of “best interest of the child” for determining child custody arrangements and terminating parental rights based on “clear and convincing evidence.” The former overturned the idea that parental preference should drive custody decisions and the latter recognized the serious and potentially traumatic effects of removing a child from his/her parents.

Joint Child Custody Counseling— Divorce 1980s Style

1983 ◽  
Vol 64 (9) ◽  
pp. 546-554
Author(s):  
Jane F. Charnas
Keyword(s):  
Child Custody ◽  
Joint Custody ◽  
Case Examples ◽  
Emotional Commitment

Joint custody is proposed as a viable and constructive arrangement subsequent to divorce. This article provides a model for counseling for it, capitalizing on parents' emotional commitment to their children. Case examples illustrate various patterns of joint custody.

Child Custody in Jewish Law: From Authority of the Father to the Best Interest of the Child

2008 ◽  
Vol 24 (1) ◽  
pp. 89-122
Author(s):  
Yehiel S. Kaplan
Keyword(s):  
Child Custody ◽  
Jewish Law ◽  
Best Interest ◽  
Stage Of Development ◽  
Parents And Children ◽  
Custody Of Children ◽  
The Family ◽  
Dominant Tendency ◽  
The Relationship ◽  
Explicit Rule

The understanding of Jewish law of the legal rationale of the relationship between parent and child developed gradually. In the first stage, in ancient Jewish law, the dominant tendency was to affirm the authority of the Jewish father over the members of his family. During this period, the idea that parents have a natural responsibility to love their children, care for them and provide for their welfare was less transparent. The main purpose of the rules concerning the relationship between parents and children at this stage was the assertion of the rights and needs of the father of the family.1 Consequently, some of the regulations of ancient Jewish law regarding the relationship between parents and children were not necessarily focused on the best interest of the child and the ideological basis for the legal policy in the sphere of custody in the ancient period was somewhat vague.By contrast, during the second, medieval stage of development of Jewish law on the relationship between parents and children, the ancient supreme principle, of the father's authority over members of his family in all spheres including the sphere of custody of children, was largely replaced by an explicit rule in Jewish law: the best interest of the child is a paramount consideration. Indeed, we could say that the explicit implementation of the principle of best interest of the child in Jewish custody cases is a medieval invention, introduced by Jewish scholars at this period in their child custody verdicts. By contrast to the ancient period, the rules of custody, which had become fully defined at this stage, utilizing this principle, usually favored the mother.

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