Enrichment: Journal of Multidisciplinary Research and Development
Vol. 1 No. 6 (2023): Enrichment: Journal of Multidisciplinary Research and Development

Obligations and Responsibilities of Parents of Sexually Disoriented Persons towards Minors as Legal Relations Due to Marriage and Blood Relations

Veronica Komalawati (Faculty of Law, Universitas Padjadjaran, Indonesia)
Fatmi Utarie Nasution (Faculty of Law, Universitas Padjadjaran, Indonesia)
Marsya Rindu Amanda (Faculty of Law, Universitas Padjadjaran, Indonesia)



Article Info

Publish Date
25 Sep 2023

Abstract

In Indonesia's positive law, the obligations and responsibilities of parents towards children are regulated in Article 45 of Law No. 1 of 1974 concerning Marriage and Article 77 paragraph 3 of the Compilation of Islamic Law. This study aims to find out and understand the obligations and responsibilities of parents towards minors in the event of divorce associated with Law No. 35 of 2014 concerning Child Protection based on the Marriage Law and KHI, as well as formulate the legal consequences of the obligations and responsibilities of parents when the issue of sexual orientation becomes part of a parenting dispute. This study uses a normative juridical method with analytical descriptive specifications, based on primary and secondary legal materials collected through literature studies. The analysis was carried out in a qualitative juridical manner by examining the relationship between the provisions of the Marriage Law, the Child Protection Law, and KHI and placing the best interests of the child as the basis for assessment. The results of the study show that the obligation to nurture, educate, and finance children is not severed by divorce. Changes or revocations of parental authority or transfer of authority cannot be based solely on sexual identity or orientation, but must be associated with negligence, proven bad behavior, or concrete risks to the physical and spiritual safety and growth and development of the child. The legal implication is the need for evidence-based individualized assessments and the best interests of the child, without removing parental obligations that remain in force after the transfer of custody.

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Journal Info

Abbrev

jr

Publisher

Subject

Humanities Economics, Econometrics & Finance Engineering Health Professions Social Sciences

Description

Enrichment: Journal of Multidisciplinary Research and Development is a double-blind, peer-reviewed journal covering multidisciplinary issues. Monthly published by International Journal Labs, the journal serves as a means of relevant discussion that fall within its focus and scopes. This journal ...