The Best Interest of The Child: How Are Children Heard in Family Law Proceeding in Indonesia?

SARASWATI, RIKA and HADIYONO, VENATIUS The Best Interest of The Child: How Are Children Heard in Family Law Proceeding in Indonesia? In: International Conference on Law and Society 2018, 10-13 April 2018, Sabah, Malaysia. (Unpublished)

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Abstract

The rights of the child to be heard is guaranteed by Article 10 of the Child Protection Act 2003 and 2014, which states that the children are the main factor for judges to settle a child custody dispute. The objective of this study is to examine the implementation of Indonesian legislation in dealing with the rights of the child to be heard in court. This study was done by conducting a documentary research and field research, of cases collected from Semarang District Court verdicts and interview with the corresponding judges respectively. This study found that children under 15 years of age are seldom heard within the court room; their opinions or their statements are considered as information not as testimony of a witness. Consequently, their opinions and their hopes have little or no influence in trial and court verdict. This study has also demonstrated that Indonesian legislation (such as the Civil Code, RBG and HIR) has regulated the obligation of judges to listen to children in court, however judges often have not consider such approach. Significance and Contribution of this paper is to develop new legislation in the scope of Family Law dealing with the rights of the child.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	300 Social Sciences > 340 Law
Divisions:	Faculty of Law and Communication
Depositing User:	ms Rika Saraswati
Date Deposited:	18 Nov 2020 04:18
Last Modified:	08 Nov 2021 16:03
URI:	http://repository.unika.ac.id/id/eprint/22904

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