“CONSIDERATION OF THE SUPREME COURT RULING THAT GIVES CURRENT RIGHTS TO THE FATHER, NOT TO THE MOTHER”

Supreme Court Decision No. 110 K/AG/2007 gives custody of the child to the father. The Cassation Panel is of the opinion that regarding child care, it is not merely seen from who has the most rights, but must look at the fact of who causes the least damage 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 legal provisions on child custody in Articles 105 and 156 of the KHI which grant custody to the mother automatically.

Source:

Dr. H. Ahmad Zaenal Fanani, SHI, MSi, Varia Peradilan No.389, April 2018.

Regards,

Fredrik J. Pinakunary