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All Journal Gender Equality: Internasional Journal of Child and Gender Studies
Faradiz, Naqia Annissa
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Social Sciences

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Legal protection and gender justice in post-divorce child custody in Aceh Khairani, Khairani; Lestari, Chadijah Rizki; Rosmawati, Rosmawati; Faradiz, Naqia Annissa
INTERNATIONAL JOURNAL OF CHILD AND GENDER STUDIES Vol 12 No 2 (2026)
Publisher : UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/equality.v12i2.35010

Abstract

The paper discusses the legal protection and gender justice in the case of child custody after divorce in Aceh, Indonesia. In this study, a qualitative socio-legal approach was employed to explore the causes and consequences of custody disputes, legal protection practices, judicial considerations, gender dynamics and institutional responses. The data were collected using in-depth interviews and document analysis. The participants were 12 people in Banda Aceh, Aceh Besar and Pidie, consisting of divorced parents, judges, lawyers, mediators and advocates of child protection. The data were analyzed by thematic analysis. Findings revealed that economic hardship, domestic conflict and breakdown of communication were the major reasons for divorce and subsequent custody problems. The long-term parental conflict was found to be detrimental to the psychological and emotional health of children resulting in emotional insecurity, behavioral instability and loyalty conflicts between parents. Courts often took into account the best interest of the child, but post-divorce parenting arrangements often fell prey to patriarchal norms, with mothers usually regarded as the primary caregivers and fathers as the financial providers. Enforcement of child support obligations and other legal protection mechanisms remained inconsistent, particularly regarding meeting children's educational, health and psychosocial needs. The focus was on mediation, institutional co-operation and reducing parental conflict and strengthening child-centred protection. This study concludes that the post-divorce situation in Aceh in terms of child protection and gender justice needs gender-sensitive legal approaches, better implementation of parental responsibilities, available psychosocial support, and coordinated institutional collaboration.
Gender perspectives on criminal law protection for child sexual violence in Aceh Jempa, Ida Keumala; Mukhlis, Mukhlis; Faradiz, Naqia Annissa; Fitri, Rizki Aulia
INTERNATIONAL JOURNAL OF CHILD AND GENDER STUDIES Vol 12 No 2 (2026)
Publisher : UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/equality.v12i2.35020

Abstract

Sexual violence against children remains a major legal and human rights issue in Indonesia, particularly in Aceh where formal criminal law operates in a unique socio-cultural environment shaped by Islamic values, customary norms (adat) and patriarchal gender relations. However, there is limited empirical evidence on how these legal, religious, cultural and institutional dimensions interact to shape gender-responsive protection for child victims of sexual violence in Aceh. The study aimed to explore gender perspectives on the protection provided by criminal law for child victims of sexual violence and to investigate institutional, socio-cultural, and psychosocial factors that influence their access to justice and recovery. This paper is based on a qualitative socio-legal study involving 12 participants selected purposively from Banda Aceh, Aceh Besar and Pidie. The participants are law enforcers, victim advocates, psychologists, DP3A/P2TP2A officers and family members of the victims. The data were collected via in-depth semi-structured interviews and were analyzed thematically. The findings showed that legal practices did not systematically incorporate gender-responsive and trauma-informed principles and that procedural requirements often prevailed over the psychological and emotional needs of the victims. Protection and recovery was further limited by social stigma, patriarchal norms, limited institutional capacity, inadequate professional training and weak inter-agency coordination. Complementary legal and psychosocial roles were played by law enforcement and victim assistance institutions. The study concludes that child protection in Aceh is affected by the interaction of formal criminal law, institutional practices and socio-cultural norms. To advance equitable and child-centered justice, it is essential to strengthen gender-responsive professional capacity, trauma-informed services, inter-agency coordination and culturally adaptive protection mechanisms.
Co-Authors Fitri, Rizki Aulia Jempa, Ida Keumala Khairani Khairani Lestari, Chadijah Rizki Mukhlis Mukhlis Rosmawati Rosmawati