Negligence in Implementing Child Custody Decisions: A Threat to Child Protection in Indonesia
Abstract:
The main objective of marriage is not only to form a family or to obtain offspring or children, but also to raise, nurture and educate children until adulthood. The children still have the right to care and education even if their parents' marriages are broken through a divorce. This study examines this issues of negligence in implementing the child custody decisions passed lawfully after a divorce or dissolution of marriage. This study adopted a legal research design with a normative juridical approach. The data for the current study was derived from primary and secondary legal material. The research procedure involved reviewing all the available data from legal documentation and library archives. The findings revealed that there is a non-compliance of the decisions of the court concerning the custody of children. The study recommends the need to guarantee the creation of the administration of justice to uphold a just law and improve the culture of law in the life of society and the nation. The Indonesian government should also draft statutory regulations that safeguards children who are the victims of negligent parenting due to divorce.
Keyword:
Child Custody, Divorce, Child Protection, Family Law, Contempt of Court, Legal Protection.