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All Journal JURNAL USM LAW REVIEW Law Development Journal
Sulastri Sulastri
Universitas Pembangunan Nasional "Veteran" Jakarta
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis of Child Custody Disputes Involving Parents with Psychological Disorder Destya Anggraeni; Sulastri Sulastri
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.612-621

Abstract

Child custody disputes following divorce in Indonesia continue to leave broad interpretive gaps and contribute to legal uncertainty. This study examines post-divorce child custody conflicts with a particular focus on cases involving parents with psychological disorders. The research employs a normative legal method through an analysis of statutory regulations and judicial decisions. Child custody in Indonesia is governed by the Marriage Law, the Compilation of Islamic Law (KHI), and the Child Protection Law, all of which consistently emphasize the principle of the best interests of the child. However, in practice, significant legal uncertainty remains, as judges often rely primarily on Article 105 of the KHI, which grants custody of non-mumayyiz children or those under the age of twelve to the mother, even when she exhibits psychological disorders. The case studies examined in this research Decision No. 4222/Pdt.G/2023/PA.Tgrs and Decision No. 0461/Pdt.G/2020/PA.Gs demonstrate differing judicial considerations in assessing evidence of psychological disorders. The findings highlight the need for a more comprehensive judicial approach and standardized psychological assessment procedures for both children and parents in custody disputes, ensuring decisions are more objective and child-protection oriented. Such measures are expected to prevent children from becoming victims of custody conflicts and to safeguard their long-term well-being.
Bad-Faith Practices in E-Commerce Standard Clauses and Their Impact on Consumer Protection Deva Aurelia Rahma; Sulastri Sulastri
JURNAL USM LAW REVIEW Vol. 8 No. 3 (2025): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i3.13116

Abstract

This study examines consumer legal protection concerning the application of standard clauses in e-commerce electronic agreements, which often create an imbalance of bargaining power between business actors and consumers. The research is motivated by the persistence of unfair standard clauses resulting from weak supervision and ineffective law enforcement, enabling bad faith practices by business actors. This study employs a normative juridical method using statutory, conceptual, and case study approaches to assess the effectiveness of consumer protection regulations in electronic transactions. The findings indicate that although courts tend to uphold business actors’ responsibility to provide honest and transparent information, the absence of effective preventive supervision mechanisms continues to undermine consumer protection. The novelty of this research lies in proposing a preventive oversight model through the pre-approval of standard clauses by competent authorities prior to the enforcement of electronic agreements, contrasting with prior studies that predominantly adopt reactive and evaluative approaches. This study concludes that implementing a pre-approval mechanism is essential to foster a fair and transparent e-commerce business environment and to strengthen comprehensive consumer protection in Indonesia.
Co-Authors Destya Anggraeni Deva Aurelia Rahma