Jurnal Ilmu Hukum Kyadiren.
Vol.
No.
Juli 2025.
Copyrights A Authors JIHK is licensed undera Creative Commons Atribusi4.
0 Internasional license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
DOI: 10.
46924/jihk.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.
G/2024/PTA.
Yurnelis Yurnelis1*.
Mulyadi Tanzili2, and Sofyan Hasan3 1,2,3Law Faculty.
Universitas Muhammadiyah Palembang.
Indonesia Correspondence Yurnelis Yurnelis.
Law Faculty.
Universitas Muhammadiyah Palembang.
Indonesia.
Jl.
Jenderal Ahmad Yani, 13 Ulu.
Kec.
Seberang Ulu II.
Kota Palembang.
Sumatera Selatan 30263, e-mail:
yurnelisjihan@yahoo.
How to cite Yurnelis.
Yurnelis.
Tanzili.
Mulyadi.
, and Hasan.
Sofyan.
AuChallenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.
G/2024/PTA.
JbAy.
Jurnal Ilmu Hukum Kyadiren 7 .
, https://doi.
org/10.
46924/jihk.
Original Article Abstract This study examines the legal implications of the non-enforcement of court decisions in child custody disputes following divorce, focusing on the Jambi High Religious Court Decision Number: 5/Pdt.
G/2024/PTA.
Jb.
Utilizing a normative legal research method, this study analyzes relevant laws and judicial The findings indicate that although Indonesia has established a comprehensive legal framework for child protection through Law No.
35 of 2014, the execution of child custody decisions continues to face significant These challenges include inadequate communication between divorced parties, the psychological impact on children, and the lack of criminal sanctions for individuals who fail to comply with court rulings.
This study recommends a holistic approach to the enforcement of custody decisions, the strengthening of legal enforcement mechanisms, and enhanced institutional coordination to ensure the effective protection of children's rights after divorce.
Keywords: Child Custody.
Enforcement of Court Decisions.
Child Protection.
Divorce Abstrak Penelitian ini mengkaji akibat hukum dari tidak dapat dieksekusinya putusan pengadilan dalam perkara gugatan hak asuh anak setelah perceraian, dengan studi kasus Putusan Pengadilan Tinggi Agama Jambi Nomor:
5/Pdt.
G/2024/PTA.
Jb.
Menggunakan metode penelitian yuridis normatif, studi ini menganalisis peraturan perundang-undangan dan putusan pengadilan Hasil penelitian menunjukkan bahwa meskipun Indonesia memiliki kerangka hukum yang komprehensif untuk melindungi hak-hak anak melalui UU No.
35 Tahun 2014, implementasi eksekusi putusan hak asuh anak masih menghadapi kendala signifikan.
Kendala tersebut meliputi komunikasi buruk antara pihak yang bercerai, dampak psikologis pada anak, dan ketiadaan sanksi pidana bagi pihak yang tidak mematuhi putusan.
Penelitian ini merekomendasikan pendekatan holistik dalam eksekusi putusan, penguatan mekanisme penegakan hukum, dan peningkatan koordinasi antar lembaga untuk memastikan perlindungan optimal bagi anak pasca perceraian.
Kata kunci: Hak Asuh Anak.
Eksekusi Putusan.
Perlindungan Anak.
Perceraian Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA
| 17
INTRODUCTION
According to Law Number 1 of 1974 on Marriage, as amended by Law Number 16 of 2019.
Article 1 states that AuMarriage is a physical and spiritual bond between a man and a woman as husband and wife, with the aim of forming a happy and eternal family or household, based on the Almighty God.
Ay Marriage is regarded as a blessing and favor from God, providing individuals with the opportunity to experience affection, peace, tenderness, and joy in life.
However, it is inevitable that every household will encounter various challenges, conflicts, and even disputes that may disrupt family harmony.
While some marital issues can be resolved amicably, others may become more complex and escalate into significant problems, potentially leading to divorce.
Although divorce is a private matter, it often involves government intervention to prevent arbitrary actions, particularly by the dominant party in the family, typically the Additionally, legal recognition of divorce is necessary to provide certainty and protection for both parties.
This issue becomes even more complex in cases involving interfaith marriages, such as those of Catholic couples, where there is a fundamental conflict between Catholic religious law and civil law regarding divorce.
2 According to Catholic Church law, marriage is considered an indissoluble bond that does not permit divorce, whereas civil law allows for its dissolution.
This discrepancy gives rise to normative conflicts that can render court decisions unenforceable.
The issue pertains to the legal status of marriage as recognized by society, which may be at odds with the differing principles of religious and state law.
Children are the natural outcome of a marriage between a man and a woman.
According to the Compilation of Islamic Law, a child is defined as an individual who has not yet reached the age of 21, has never been married, and is not yet capable of independent living.
Children are a sacred trust that must be protected and safeguarded.
They are entitled to fundamental rights as human beings, including the right to life, growth, development, and protection from violence or discrimination, as stipulated in Article 1.
Clause .
of Law Number 35 of 2014 on Child Protection.
In divorce cases, children often become the most vulnerable parties, as divorcing parents may engage in custody disputes, treating the right to care for the child as a measure of victory in the divorce process.
This further complicates divorce and child custody proceedings.
Child custody is a critical aspect of divorce litigation, and in cases of dispute, the court holds the authority to determine custody arrangements.
As stated Dian Yuni Astuti et al.
AuPerlindungan Hukum Bagi Ibu Hamil Dan Menyusui Pada PT Telkom Property Ditinjau Dari Hukum Positif Di Indonesia Dari Sudut Pandang Keselamatan Dan Kesehatan Pekerja,Ay Jurnal Darma Agung 3, no.
: 1437Ae43, http://dx.
org/10.
46930/ojsuda.
Abdul Latif Mahfuz.
AuFaktor Yang Mempengaruhi Politik Hukum Dalam Suatu Pembentukan UndangUndang,Ay Jurnal Kepastian Hukum Dan Keadilan 1, no.
: 43Ae57, https://doi.
org/10.
32502/khk.
Wahyu Adhi Kusuma.
Khalisah Hayatuddin, and Abdul Latif Mahfuz.
AuPerlindungan Hukum Terhadap Anak Pelaku Kejahatan Ketika Diadili Sudah Berumur Lebih Dari 18 Tahun Berdasarkan Undang-Undang Sistem Peradilan Pidana Anak,Ay Jurnal Tana Mana 3, no.
: 85Ae98, https://doi.
org/10.
33648/jtm.
Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA
| 18
in Article 41.
Clause .
of Law Number 1 of 1974, as amended by Law Number 16 of 2019.
AuAs a result of divorce, both the mother and father remain responsible for the care and education of their children, prioritizing the childAos best interests.
4Ay A divorce is legally recognized only if the husband and wife formally file for divorce in court.
For Indonesian citizens who are Muslim, divorce cases are handled by the Religious Court, whereas non-Muslims file for divorce in the District Court.
Although Islamic law does not strictly require divorce proceedings to be conducted in court, this legal provision ensures that the rights and obligations of both parties are safeguarded in accordance with the prevailing legal framework in Indonesia.
In cases of divorce, children often become the primary victims.
However, divorced parents must continue to fulfill their childrenAos physical and psychological The responsibility of parents to care for and educate their children remains in effect despite their separation.
According to Article 41.
Clause .
of Law Number 1 of 1974, the financial responsibility for child care and education falls primarily on the However, if the father is unable to meet this obligation, the mother may assume financial responsibility, as determined by the court.
The Compilation of Islamic Law.
Article 105, stipulates that custody of children who have not yet reached the age of mumayyiz .
nder 12 years ol.
is granted to the However, children who have reached the age of mumayyiz have the right to choose whether they will live with their father or mother.
While custody is generally awarded to the mother, the court may transfer custody to another party if it is demonstrated that the mother is incapable of providing proper care.
This may occur in cases where the mother is involved in criminal activities, suffers from a mental disorder, or engages in behavior deemed detrimental to the childAos well-being.
Custody disputes frequently arise following a divorce, often leading to legal To address this, child custody regulations have been established in statutory Supreme Court Decision Number 102 K/Sip/1973 states that custody of children under the age of 12 should be awarded to the mother unless it is proven that she is unfit to care for the child.
In such cases, the court may rule to transfer custody to a more suitable guardian.
Additionally, co-parenting serves as a beneficial alternative for children following This arrangement allows both parents to share the responsibilities of child- Abdul Jafar et al.
AuProblematika Perkawinan Usia Dini Pada Remaja Perspektif Hukum Dan Agama Islam,Ay AoAsabiyah: Jurnal Pengabdian Hukum 2, no.
: 169Ae175, https://doi.
org/10.
32502/asabiyah.
Nurazki Aslamiah.
Sherina Ramadhianisha, and Siski Jasmine Azahra.
AuKekerasan Dalam Rumah Tangga Sebagai Alasan Pemicu Perceraian Di Pengadilan Agama Bandung Kelas 1A,Ay Al-Mashlahah Jurnal Hukum Islam Dan Pranata Sosial 11, no.
: 223Ae38, https://doi.
org/10.
30868/am.
Deni Rahmatillah and A.
N Khofify.
AuKonsep Pembatalan Perkawinan Dalam Undang-Undang Nomor 1 Tahun 1947 Dan Kompilasi Hukum Islam,Ay Hukum Islam 17, no.
: 152Ae71, http://dx.
org/10.
24014/hi.
Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA
| 19
rearing despite their separation.
Co-parenting fosters a stable environment for children, ensuring they continue to receive love and attention from both parents.
Although divorce can have profound effects on children, legal regulations in Indonesia are designed to protect childrenAos rights and ensure that parents remain responsible for their upbringing, regardless of their marital status.
This study aims to analyze legal protection and enforcement of court decisions in child custody disputes following divorce in Indonesia.
RESEARCH METHODOLOGY
This study employs a normative legal research method, also known as doctrinal It aims to examine legal provisions, doctrines, and applicable legal norms related to the enforcement of court decisions on child custody following divorce.
Through this approach, the research focuses on analyzing legal concepts and principles that underpin judicial decision-making in custody cases.
The normative legal approach emphasizes the analysis of existing laws and regulations as the primary legal framework for resolving child custody disputes.
7 Additionally, this study examines relevant court decisions to identify patterns in judicial reasoning when adjudicating custody cases.
Beyond the analysis of statutory regulations and judicial rulings, this research also incorporates legal literature as a theoretical foundation for discussing the research Legal literature offers an academic perspective that enhances the understanding of key concepts related to child custody after divorce.
RESEARCH RESULT AND DISCUSSION
Legal Protection and Enforcement of Court Decisions in Child Custody Disputes Following Divorce in Indonesia Legal protection for children, as defined within the framework of childrenAos rights and human rights, involves various legal instruments and mechanisms designed to ensure the comprehensive fulfillment and safeguarding of childrenAos rights.
This protection aims to promote childrenAos well-being and development across all aspects of life, including care, education, and protection from violence and exploitation.
In a state governed by the rule of law, these protections are established through legal regulations that guarantee childrenAos fundamental rights, such as the right to life, education, and freedom from harmful treatment.
Irwansyah Irwansyah.
Penelitian Hukum: Pilihan Metode Dan Praktik Penulisan Artikel, ed.
Ahsan Yunus (Yogyakarta: Mirra Buana Media, 2.
Ani Purwati.
Metode Penelitian Hukum: Teori & Praktik, ed.
Tika Lestari (Surabaya: CV.
Jakad Media Publishing, 2.
Sanyoto Sanyoto.
AuPenegakan Hukum Di Indonesia,Ay Jurnal Dinamika Hukum 8, no.
: 199Ae204, https://doi.
org/10.
20884/1.
Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA
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The legal foundation for childrenAos rights protection in Indonesia is outlined in several laws and regulations.
Article 28B.
Paragraph .
of the 1945 Constitution of the Republic of Indonesia affirms that every child has the right to survival, growth, and development, as well as protection from violence and discrimination.
Additionally.
Article 28C.
Paragraph .
of the Constitution emphasizes that every individual, including children, has the right to self-development through the fulfillment of basic needs, access to education, and the benefits of science, technology, arts, and culture, ultimately aimed at enhancing the quality of life and human welfare.
Furthermore.
Law Number 35 of 2014, which amends Law Number 23 of 2002 on Child Protection, reinforces the responsibilities of the state and society in safeguarding childrenAos rights.
This law underscores that the best interests of the child must serve as the primary consideration in any governmental or institutional action or ChildrenAos legal protection remains intact even in cases where their parents are Article 41.
Clause .
of Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage, stipulates that both parents retain their obligation to care for and educate their children after divorce.
All decisions and actions concerning the child must be guided solely by the childAos best interests.
In cases of child custody disputes, the court is responsible for rendering a fair decision in accordance with applicable laws.
Legal certainty and legal protection are closely intertwined within the framework of childrenAos human rights.
Legal certainty ensures that all laws and judicial rulings concerning childrenAos rights are applied consistently and fairly, thereby providing clarity for children and families regarding their respective rights and responsibilities.
This principle is reinforced in Article 41.
Clause .
of Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage.
Judicial developments regarding child custody in Indonesia reflect the evolving influence of social changes on legal interpretations.
For example.
Supreme Court Jurisprudence Number 126 K/Pdt/2001 serves as a guideline for District Court judges, stipulating that in divorce cases, custody of minor children should be awarded to the parent with whom the child is most familiar and emotionally connected, typically the Similarly.
Supreme Court Jurisprudence Number 110 K/AG/2007 is an essential reference for judges in Religious Courts, affirming that the primary consideration in child custody cases is the childAos well-being and best interests, rather Rosmi Darmi.
AuImplementasi Konvensi Hak Anak Terkait Dengan Perlindungan Anak Yang Berhadapan Dengan Proses Hukum,Ay Jurnal Penelitian Hukum De Jure 16, no.
: 439Ae50, http://dx.
org/10.
30641/dejure.
V16.
Titania Britney Angela Mandey.
AuHak Pengasuhan Anak Akibat Terjadinya Perceraian Menurut Undang-Undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan,Ay Lex Privatum 9, no.
: 63Ae72, https://ejournal.
id/index.
php/lexprivatum/article/view/36568.
Iksan Iksan.
Adnan Adnan, and Khairunnisa Khairunnisa.
AuPerlindungan Anak Pasca Perceraian Orang Tua,Ay Fundamental: Jurnal Ilmiah Hukum 9, no.
: 1Ae16, https://doi.
org/10.
34304/fundamental.
Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA
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than a strictly normative entitlement.
For instance, even if a child is under the age of seven, custody may be awarded to the father if the mother frequently travels abroad and the child is more stable under the fatherAos care.
Furthermore, general court judges received updated guidelines regarding child custody rights through Supreme Court Circular (SEMA) Number 1 of 2017.
This circular emphasizes that while the mother typically has the right to care for minor children after divorce, custody may be granted to the biological father if doing so better supports the childAos development and aligns with the childAos best interests and In the case recorded in Decision Number 5/Pdt.
G/2024/PTA.
Jb, although custody was awarded to the father, obstacles arose in the implementation of the The father, who was granted custody, denied the mother access to the child.
This case highlights the challenges in enforcing court decisions, which can result in an imbalance of parental rights.
Legal consequences refer to the effects or ramifications arising from a legal action or event.
In this context, the legal consequences discussed pertain to those resulting from divorce, particularly in relation to child custody disputes.
A child custody dispute involves a conflict between parents or guardians regarding the right to care for, raise, and make significant decisions concerning the child following a divorce.
In some cases, these disputes may also involve extended family members, such as grandparents.
The enforcement of child custody decisions has not been explicitly regulated under the Herziene Inlandsch Reglement (HIR)-Rechtsreglement Buitengewesten (R.
or other legal provisions specifically governing Religious Courts.
However, this does not mean that child custody rulings cannot be enforced.
On the contrary, such rulings must still be executed in accordance with generally applicable legal regulations.
Addressing the challenges associated with enforcing court decisions on child custody requires a comprehensive and systematic approach.
Consistent and rigorous law enforcement is a fundamental step in this process, with the active involvement of the judiciary and law enforcement officials playing a critical role.
Sanctions against parties who fail to comply with court rulings, as stipulated in Article 216 of the Indonesian Criminal Code (KUHP), which addresses non-compliance with court decisions, must be strictly enforced.
Additionally.
Law Number 48 of 2009 on Judicial Authority Refie Ramadhan.
AuTinjauan Hukum Terhadap Putusan Pengadilan Mengenai Hak Asuh Anak Yang Tidak Dilaksanakan Oleh Pihak Mantan Istri Maupun Mantan Suami,Ay Unes Law Review 7, no.
: 529Ae43, https://doi.
org/10.
31933/unesrev.
Ida Ayu Intan Budha Ranny and Putri Triari Dwijayanthi.
AuAkibat Hukum Perceraian Terhadap Anak Dari Perkawinan Beda Agama,Ay Kertha Semaya : Journal Ilmu Hukum 12, no.
: 528Ae39, https://doi.
org/10.
24843/KS.
Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA
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emphasizes that all court rulings must be executed to ensure legal certainty and justice, including those concerning child custody rights.
If, in Decision Number 5/Pdt.
G/2024/PTA.
Jb, which has reached the appellate stage, the losing party fails to comply with the ruling or neglects its implementation, forced execution may be carried out.
Forced execution is a legal action undertaken by the state through court officials at the request of the prevailing party.
However, in practice, various obstacles often hinder the execution process.
These challenges may be legal or non-legal in nature, with some parties deliberately obstructing enforcement, thereby undermining the administration of justice.
Legal obstacles may include procedural technicalities that impact the executionAos feasibility, potentially rendering it unenforceable .
on-executabl.
Difficulties in executing court decisions can arise from both legal and non-legal Legal obstacles may occur when the confiscated object is ambiguous or conflicts with other laws governing the seizure of assets belonging to the losing party.
Additionally, extreme resistance, such as physical obstruction of court officers, can hinder execution efforts.
Meanwhile, non-legal obstacles may arise when the court lacks the authority to automatically .
x offici.
enforce the ruling upon the filing of an execution request by the winning party.
If the losing party refuses to voluntarily comply with the ruling, the prevailing party may submit an execution request to the Religious Court that adjudicated the case.
Procedure for Filing an Execution Application at the Religious Court The process for filing an execution application at the Religious Court that adjudicates the case follows these steps:16 The applicant submits an execution application in accordance with the procedures outlined in the applicable regulations.
The Head of the Religious Court issues a ruling for unmanning, which orders the Bailiff to summon the Respondent for Execution to attend the unmanning The Bailiff or Substitute Bailiff formally summons the Respondent for Execution.
Muhammad Hasbi Ashshddiqi and Eko Wahyudi.
AuAkibat Hukum Terhadap Istri Yang Diceraikan Dengan Alasan Perzinahan Menurut Hukum Positif Di Indonesia,Ay Jurnal Ilmiah Wahana Pendidikan 10, no.
: 895Ae 909, https://doi.
org/10.
5281/zenodo.
Ilham Jafar.
Nur Mohamad Kasim, and Dolot Alhasni Bakung.
AuAkibat Hukum Tidak Terlaksananya Kewajiban Pemeliharaan Anak (Alimentas.
Oleh Orang Tua Pasca Putusan Perceraian,Ay Mandub: Jurnal Politik.
Sosial.
Hukum Dan Humaniora 2, no.
: 102Ae25, https://doi.
org/10.
59059/mandub.
Hermansyah Hermansyah.
AuInterpretasi Asas Mempersulit Perceraian Dalam Perspektif Hukum Islam,Ay AsSyarAoi: Jurnal Bimbingan & Konseling Keluarga 6, no.
: 1110Ae21, https://doi.
org/10.
47467/as.
Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA The Head of the Religious Court convenes an incidental unmanning hearing, attended by the Head, the Clerk, and the Respondent for Execution.
During the hearing, the following actions take place:
| 23
The Applicant for Execution is summoned to attend.
The Head of the Religious Court issues a formal warning, stating that the Respondent for Execution must comply with the court decision within eight days following the warning.
The Clerk drafts an official report of the unmanning hearing, which is signed by both the Head of the Religious Court and the Clerk.
If the Respondent for Execution fails to comply with the court decision within eight days after receiving the warning, the Applicant for Execution may file a formal report.
Based on this report, the Head of the Religious Court will issue a ruling for an execution order.
Obstacles in the Implementation of Court Decisions The implementation of court decisions faces three primary challenges:17 Difficulties in Executing Child Support Orders The enforcement of child support decisions is often problematic.
Even if a party prevails in court, executing the decision remains a significant challenge.
While the ruling may be clearly stated in writing, its practical implementation is often extremely difficult.
Non-Executable Court Decisions Some court rulings, particularly in child custody cases, may be difficult or impossible to enforce .
on-executabl.
For instance, if the court grants custody of a child to the mother but the father refuses to surrender the child and instead absconds with them, execution becomes highly challenging.
Additionally, filing an execution request with the court often entails substantial costs, further complicating enforcement.
Lack of Voluntary Compliance and Legal Enforcement Mechanisms Another major issue arises when court decisions are not carried out voluntarily.
There are no criminal sanctions for individuals who refuse to comply with civil Ralang Hartati and Syafrida Syafrida.
AuHambatan Dalam Eksekusi Perkara Perdata,Ay Adil: Jurnal Hukum 12, no.
: 88Ae106, https://doi.
org/10.
33476/ajl.
Yurnelis et al.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious AA
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court rulings.
Furthermore, if a victim reports an ex-husband for failing to adhere to a court decision, law enforcement authorities often dismiss the complaint.
Police may refuse to intervene on the grounds that the perpetrator is the childAos biological parent or that the issue falls within the realm of family civil law, which they consider beyond their jurisdiction.
CONCLUSION
Based on the findings of the study on the execution of the High Religious CourtAos decision regarding child custody after divorce (Case Study of the High Religious Court Decision of Jambi Number: 5/Pdt.
G/2024/PTA.
, it can be concluded that although Indonesian law, particularly Law Number 35 of 2014 on Child Protection, has established provisions for safeguarding childrenAos rights, the enforcement of child custody rulings after divorce continues to encounter significant challenges.
While judicial decisions grant custody to one parent based on the available evidence, the execution process frequently fails due to inadequate communication between the divorcing parties and the psychological distress experienced by the child as a result of parental conflict.
This indicates that although child custody is legally regulated, emotional and practical obstacles remain key challenges in its enforcement.
Therefore, a more comprehensive approachAiencompassing both legal enforcement and psychological considerationsAiis essential to ensuring the effective implementation of custody decisions and the optimal protection of childrenAos rights.
Based on the research findings, it is recommended that courts adopt a more holistic approach in the execution of child custody decisions after divorce, one that not only prioritizes legal enforcement but also takes into account the psychological wellbeing of the child.
A more effective mechanism is needed to address execution challenges, including the imposition of stricter sanctions on individuals who fail to comply with court rulings.
Additionally, improving coordination between judicial institutions and relevant stakeholders, such as child counselors and mediators, is crucial to facilitating better communication between parents and children and mitigating the negative emotional impact of custody disputes.
The government must also strengthen
legal frameworks and provide greater institutional support for child protection in the context of divorce, ensuring that childrenAos welfare and rights are safeguarded REFERENCES