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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Cinta Rizqareka Darmawan
Universitas Pembangunan Nasional Veteran Jakarta
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LEGAL PROTECTION OF ADOPTED CHILDREN IN POST-DIVORCE CUSTODY DISPUTES: A COMPARATIVE STUDY BETWEEN NATIONAL LAW AND THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD UNDER THE CRC Cinta Rizqareka Darmawan; Surahmad
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20770301

Abstract

The rising divorce rate in Indonesia has generated complex legal issues, particularly regarding the custody of adopted children following the dissolution of marriage. Adopted children occupy a vulnerable position as Indonesian positive law lacks specific regulations governing their custody when adoptive parents divorce. This study examines the legal protection of adopted children's guardianship rights post-divorce and evaluates its conformity with the best interests of the child principle under the Convention on the Rights of the Child (CRC). A normative juridical method was applied using statutory, conceptual, and comparative approaches through library research. The findings reveal that although the 1945 Constitution, Law no. 35 of 2014, Government Regulation no. 54 of 2007, and the Compilation of Islamic Law provide a legal foundation, these instruments remain general and lack specific judicial guidelines. As a result, court decisions in custody disputes involving adopted children tend to be inconsistent. This study recommends the development of specific national judicial guidelines and the inclusion of custody clauses in notarial requirements of adoption to ensure optimal legal protection.
Co-Authors Surahmad