PERBANDINGAN HUKUM HAK ASUH ANAK SETELAH PERCERAIAN (STUDI KOMPARASI INDONESIA DAN SINGAPURA)

Aulia, Redita (2025) PERBANDINGAN HUKUM HAK ASUH ANAK SETELAH PERCERAIAN (STUDI KOMPARASI INDONESIA DAN SINGAPURA). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Child custody becomes a complex issue to resolve in the event of divorce. The implementation of child custody determination in Indonesia remains inadequate, often resulting in the violation of children’s rights. This contrasts with Singapore, which has a more structured mechanism for determining custody and is therefore considered more effective in protecting children’s rights. This study aims to compare the legal systems of Indonesia and Singapore regarding child custody, as well as to evaluate aspects that could be adopted into Indonesia’s legal system in accordance with its social and cultural context. This research is classified as normative juridical research, using a statutory and conceptual approach to examine secondary data obtained through literature study. The findings indicate that Indonesia’s legal system has recognized children as legal subjects and established the principle of child protection that prioritizes their welfare. Nevertheless, the practical implementation of this principle often encounters challenges, particularly in the enforcement of court decisions, which are not always effective, as exemplified in the case of Tsania Marwa and Atalarik Syach. The maternal preference principle under Indonesian law grants custody to mothers, especially for children under 12 years old. However, the application of this principle is often hindered by various factors, including the lack of supervisory mechanisms and inconsistencies in law enforcement. In contrast, Singapore’s legal system applies a more thorough evaluation of parental behavior and family dynamics, enabling fairer and more child-centered decisions. Such a system may serve as a reference for reform in Indonesia’s legal framework to improve mechanisms for handling child custody cases.

Item Type:

Thesis (Undergraduate)

Contributors: