Penghargaan Hak Berpendapat Anak di Pengadilan: Studi Kasus di Pengadilan Negeri Semarang
DOI:
https://doi.org/10.21580/sa.v13i2.3016Keywords:
the best interests of the child, the right of children to be heard, courtAbstract
The right of children to be heard are guaranteed by the Child Protection Act in Indonesia. This is very principle as the main factor for judges to make decisions regarding disputes over child custody. The purpose of this study is to examine the implementation of laws in Indonesia that regulate children's rights to be heard in court. Data was taken by conducting documentary research and field research by collecting several decisions from the District Court of Semarang and interviewing the judges who handled this matter. This research shows that children are rarely asked for their opinions in the courtroom; Their opinions are only considered information, not as witness statements. As a result, their opinions and expectations have no effect on court decisions. The study also shows that the law in Indonesia has regulated the obligation of judges to listen to the opinions of children in court, but judges never consider it.Downloads
References
Badali, Michele Peterson, Rona Abramovitch, dan Juliane Duda. “Young Children’s Legal Knowledge and Reasoning Ability.” Canadian Journal of Criminology 39, no. 2 (1997): 145–170.
Banham, Vicki, Alfred Allan, Jennifer Bergman, dan Jasmin Jau. “Acknowledging Children’s Voice and Participation in Family Courts: Criteria that Guide Western Australian Court Consultants.” Social Inclusion 5, no. 3 (2017): 155–163.
Brems, E. “Article 14: The Right to Freedom of Thought, Conscience and Religion.” Dalam A Commentary on the United Nations Convention on the Rights of the Child. Leiden: Martinus Nijhoff Publishers, 2006.
Daly, Aoife. “The right of children to be heard in civil proceedings and the emerging law of the European Court of Human Rights.” The International Journal of Human Rights 15, no. 3 (2011): 441–61. https://doi.org/10.1080/13642980903542710.
Douglas, Gillian, dan Mervyn Murch. “Taking Account of Children’s Need in Divorce: A Study of Family Solicitors ‘s Responses to New Policy and Practice Initiatives.” Child and Family Law Quarterly 14, no. 1 (2002): 57–75.
Fernando, Michelle. “Family Law Proceedings And The Child’s Right To Be Heard In Australia, The United Kingdom, New Zealand, And Canada.” Family Court Review 52, no. 1 (2014): 46–59.
Fitzgerald, Robyn. “How Are Children Heard in Family Law Proceeding in Australia?” Southern Cross University Law Review 6 (2002): 177–203.
Flowerdew, Jennifer, dan Bren Neale. “Trying to Stay Apace: Children with Multiple Challenges in Their Post-Divvorce Family Lives.” Childhood Journal 10, no. 2 (2003): 148.
Gitowardojo, Ivan Ricardo. Pemenuhan Hak Anak untuk Bertemu dengan Salah Satu Orang Tuanya yang tidak Mendapatkan Hak Asuh setelah Terjadinya Perceraian menurut Pasal 14 Ayat (2) Undang-Undang Nomor 35 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak (Studi Kasus Putusan No.30/Pdt.G/2016/
Pn.Smg dan Putusan No.45/Pdt.G/2016/Pn.Smg)” Tesis. Fakultas Hukum dan Komunikasi, Unika Soegijapranata, 2017.
Hill, Linda Kelly. “The Right to be Heard: Voicing the Due Process Right to Counsel for Unaccompanied Alien Children.” Boston College Third World Law Journal 31, no. 1 (2011). https://lawdigitalcommons.bc.edu/twlj/vol31/iss1/3.
Jeffries, Samantha. “In the Best Interests of the Abuser: Coercive Control, Child Custody Proceedings and the ‘Expert’ Assessments That Guide Judicial Determinations.” Laws 5, no. 1 (2016): 14. https://doi.org/10.3390/laws5010014.
Maunsel, Catherine. “What Do They Know about the Legal System? Intreviews with Irish Children.” Dalam Researching Children’s Experiences: Qualitative Approaches, diedit oleh Diane Hogan dan Robbie Gilligan, 35–49. Dublin: The Children’s Research Centre, 1998.
McGlothlin, Sandra Keen. “No More ‘Rag Dolls in the Corner’: A Proposal to Give Children in Custody Disputes a Voice, Respect, Dignity, and Hope.” Journal of Law & Family Studies 11 (2008): 67–95. http://www.cdc.gov/nchs/data/series/sr_21/sr21_046.pdf.
Pranzo, Diane. “Children’s Rights and Children’s Voices in Contested Custody and Visitation Cases in Sweden and the US.” Childhood 20, no. 2 (2012): 283–288.
Rathus, Zoe. “Shifting the Gaze: Will Past Violence be Silenced by a Further Shift of the Gaze to the Future under the New Family System?” Australian Journal of Family Law 21 (n.d.): 98.
Smart, Carol. “Introduction: New Perspectives on Childhood and Divorce.” Childhood 10, no. 2 (2003): 123–29. https://doi.org/10.1177/0907568203010002001.
Taylor, Nicola. “What Do We Know about Involving Children and Young People in Family Law Decision Making? A Research Update.” Australian Journal of Family Law 20 (2006): 154.
Woodhouse, Barbara Bennett. “‘Out of Children’s Needs, Children’s Rights’: The Child’s Voice in Defining the Family.” Brigham Young University Journal of Public Law 8, no. 2 (1994): 321–41. https://digitalcommons.law.byu.edu/
jpl/vol8/iss2/4.
Woodhouse, Barbara Bennett. “Talking about Children’s Rights in Judicial Custody and Visitation Decision-Making.” Family Law Quarterly 36, no. 1 (2002): 105–33. https://doi.org/10.2307/25740371.
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