PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN INTERNATIONAL CHILD ABDUCTION

Abstract

Child custody disputes are often a complex issue in divorce in mixed marriages of different nationalities. Child custody as a result of divorce from mixed marriages has been regulated in Indonesian law. However, there is often a forced take or kidnapping by one of the child's parents from the child's daily residence (habitual residence) to another country (international child abduction). This paper wants to analyze the legal protection of child victims of divorce in mixed marriages, the international child abduction arrangements in The Hague Convention 1980 on the Civil Aspects of International Child Abduction, and Indonesia's attitudes towards the convention. Analysis of the problem uses the Theory of Legal Protection. The results showed that legal protection for child victims of divorce in mixed marriages is regulated in Article 29 of the Law on Child Protection. This provision gives freedom to a child who is legally old enough to make a choice to choose to be in the care of either his/her father or his/her mother as he/she wishes. However, in practice, childcare disputes often occur and result in international child abduction. International child abduction has not been regulated in Indonesia, but it has been regulated internationally in the 1980 Hague Convention, which aims to protect children from the harmful effects of their misplacement and establish procedures to ensure that they return to their country of habitual residence. Indonesia is not yet a participant in the 1980 Hague Convention. In some cases, it is seen that the handling of international child abduction in Indonesia does not give priority to the children's best interests. Indonesia needs to immediately ratify the 1980 Hague Convention to provide legal protection for child victims of international child abduction. With a specific legal basis, the repatriation process of the victims can be carried out as soon as possible.