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All Journal Veritas et Justitia Justitia et Pax
Kusniati, Yuni
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Education Law, Crime, Criminology & Criminal Justice

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PERANAN MEDIATOR HAKIM DAN MEDIATOR NON HAKIM MELINDUNGI HAK-HAK ANAK DALAM PENYELESAIAN SENGKETA PERCERAIAN Saraswati, Rika; Hadiyono, V; Kusniati, Yuni; Boputra, Emanuel
Justitia et Pax Vol 36, No 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3164

Abstract

Based on Supreme Court Regulation Number 1 of 2016 on the Mediation Procedurel in Court, mediation is a step that must undertaken before the court hearing process. Therefore, it is important to know the implementation of mediation in Semarang Religious Court and Semarang District Court, especially its role to resolve marriage disputes and child custody cases. The question of the study is how is the role of mediators (both judge and non-judge) in the mediation process of divorce and child custody disputes, and how the role of mediators in implementating of children's rights on the mediation process is. Data was obtained through a documentary research and distributed questionnaires to 3 (three) District Court Judges and 2 (two) Semarang Religious Court Judges, and 3 (three) mediators at Walisongo Mediation Centre (WMC). The findings demonstrated that the role of judge and non-judge mediators in the mediation process of divorce and child custody cases was only as a facilitator. The non-judge mediators held more strict principle of not giving advice in order to maintenance of their neutrality than that of the judge mediators. The mediator has implemented their role by conveying and explaining children's rights, encouraging the parties to put forward the best interests of the child, facilitating women disputant to be able to fight for themselves and their children’s interests and needs, and reminding the obligation of both parties to fulfil the needs and the cost of their children’s lives if divorce was undertaken as a final solution.
PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA Saraswati, Rika; Boputra, Emanuel; Kusniati, Yuni
Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i1.4066

Abstract

In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children.  Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody.  Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.
Co-Authors Emanuel Boputra, Emanuel Hadiyono, V Rika Saraswati, Rika