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Today’s Legal Enlightenment (Monday, 12 September 2022) – THE SUPREME COURT DECISION’S CONSIDERATION THAT GIVES CUSTODIAL RIGHTS TO THE FATHER, NOT THE MOTHER

Supreme Court Decision No. 110 K/AG/2007 gives child custody to the father.

The cassation judges opine that regarding child care, it is not only seen from who has the most rights but who is the least damaging to the child and is able to guarantee the realization of the child’s best interests, not who has the most rights. This decision is different from the provisions of the child custody law in Articles 105 and 156 of the Islamic Law Compilation (KHI), which automatically grants custody to the mother.

Source: Article Dr. H. Ahmad Zaenal Fanani, SHI, MSi, Varia Judiciary No. 389, April 2018.

Best Regards,

Fredrik J. Pinakunary


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