CC BY
25
CHILD CUSTODY AFTER DIVORCE: ENHANCE A SHARED-PARENTING IN INDONESIAN MARRIAGE LEGAL SYSTEM
SUDIRMAN L, IAIN PAREPARE1
IAIN Parepare1 sudrimanl@iainpare.ac.id1
Abstract - Shared Parenting is a concept that has been gaining worldwide attention in recent years, and Indonesia is no exception. However, the application of shared parenting in Indonesia has faced numerous obstacles, such as the lack of awareness of shared parenting in the country, cultural factors influencing the uptake of the concept, and legal challenges that stand in the way of its establishment. The key idea in this paper is to enhance a shared parenting system in Indonesia in order to solve a child custody dispute in Indonesia. This research employed qualitative design. The result of the study indicated that providing training and education for these professionals, as well as through policy change and legal reforms were the key to Enhance a Shared-Parenting in Indonesian Marriage Legal System. Shared parenting can reduce the gender wage gap in Indonesia, as both parents are more likely to be involved in the labor force. It also leads to fewer parental conflicts and better decision-making within the household. Despite its potential benefits for both parents and children, shared parenting is still uncommon in Indonesia. The benefits of shared parenting should include the advantages of both parents being actively involved in the lives of their children. Our findings could potentially explain the increase in the understanding of shared parenting as an alternative a child protection after divorce These findings have important implications for enhance marriage legal system. This work suffers from a number of limitations - notably related to empirical data. Several interesting aspects may be explored further by increasing the data in different location.
Keywords: Shared-Parenting; Child Custody; Divorce; Marriage Law;
INTRODUCTION
Child custody is a complicated issue in Indonesia, and its legal system is no exception. According to M Cammack(1989) in the International & Comparative Law Quarterly, the laws pertaining to child custody are largely based on Islamic traditions and culture. In general, child custody is determined primarily by the father, but this is not always the case. In situations where the father is deceased or absent, the mother may be granted custody of the child. A study by BE Turisno et al. (2021) , the impact of parental conflict on child custody disputes in Indonesia was explored. The authors found that parental conflict was a significant factor when determining child custody in Indonesia, both in terms of its direct involvement in cases and its indirect effects on the decision-making process. Through their research, the authors discovered that parental conflict could lead to delays in the court proceedings, as well as an increase in the number of court hearings. According to A Roziqin, SYF Mas udi, and IT Sihidi's(2021) research, published in Public Administration and Policy, childcare disputes are an increasingly salient issue in the country's legal system. Despite the prevalence of custody disputes, there is a lack of strategies that can effectively resolve the issue while taking into account the best interest of the child. It is evident that child custody dispute in Indonesia is a complicated and delicate matter with many possible outcomes, as it involves both legal and cultural factors. Ultimately, the court must evaluate the situation and determine the best possible decision for the child, factoring in the well-being of both parents, the child's living conditions, and the child's best interests. It is important to acknowledge that child custody issues involve the emotions of all parties involved and require a highly sensitive approach. Therefore, in order to arrive at a fair and appropriate resolution to a child custody dispute in Indonesia, both parties should strive to work together cooperatively and with the guidance of legal experts and mental health professionals
The key idea in this paper is to establishing a shared parenting system in Indonesia in order to solve a child custody dispute in Indonesia. It is beneficial for all parties involved. It is beneficial for the parent, providing them with a sense of autonomy and freedom while ensuring their children a secure and safe future. This can be done through the promotion and regulation of gender equality in the
parenting roles and responsibilities, encouraging both the father and the mother to be actively involved in the upbringing of their children. The government can support this initiative by creating laws that ensure that the rights of both parents are taken into consideration when determining parenting plans and custody arrangements. This will ensure a more harmonious and secure environment for the child, as well as prevent any potential conflict between both parents
Shared Parenting is a concept that has been gaining worldwide attention in recent years, and Indonesia is no exception. However, the application of shared parenting in Indonesia has faced numerous obstacles, such as the lack of awareness of shared parenting in the country, cultural factors influencing the uptake of the concept, and legal challenges that stand in the way of its establishment. In this essay, these three topics will be discussed in depth in order to gain a better understanding of the obstacles shared parenting faces in Indonesia.
In Indonesia, shared parenting is still not widely known and practiced due to the lack of awareness about its potential benefits for both parents and children. This was highlighted in an article by A Rahmah(2015), published in the journal Procedia Computer Science in 2015. Rahmah noted that the majority of Indonesian parents are not familiar with the concept of shared parenting. This is largely due to the fact that traditional family dynamics in Indonesia have always been seen as a reflection of the father's authority. As a result, the idea of shared parenting is often seen as a threat to this traditional family structure, leading many parents to avoid discussing the concept with their children and other family members. Furthermore, Rahmah mentioned that the lack of awareness is also caused by the lack of public education and knowledge about shared parenting and its potential benefits. As such, it is necessary for parents to be more aware of the advantages of shared parenting in order to ensure that their children are given the best opportunities to grow and develop in a healthy and nurturing environment.
In Indonesia, cultural factors play a large role in determining the acceptance of shared parenting. According to KE Wijayanti et al. (2021), shared parenting has been a recent phenomenon in Indonesia and has been met with mixed results. Due to a strong patriarchal society, shared parenting is often seen as a threat to the traditional family structure, which can lead to a decrease in acceptance and uptake of shared parenting. Furthermore, the social norms in Indonesia emphasize a division of gender roles and responsibilities, thus leading to a decrease in the number of fathers who are willing to take part in shared parenting. Additionally, the lack of knowledge and understanding of the concept of shared parenting is also a factor that contributes to its slow uptake. The lack of education and awareness on the benefits of shared parenting has contributed to the lack of acceptance in Indonesian society. The authors note that one of the main challenges in promoting shared parenting is the limited access to quality information about shared parenting among Indonesian families. As such, it is important for the Indonesian government to take steps to increase awareness and understanding of shared parenting through various forms of media and educational materials. This will not only help increase the uptake of shared parenting but will also help families make informed decisions about parenting.
The legal challenges of establishing shared parenting in Indonesia are manifold. According to H Sudarmanto(2022), in a paper published in the International Journal of Social Science in, the main issues revolve around a lack of legal clarity, a lack of uniformity in judicial decisions, and the absence of guidelines in the Family Court. He finds that the current legal framework does not provide guidance on the application of joint custody in the event of divorce or death of a parent. As a result, the legal process of setting up shared parenting arrangements is often tedious and time-consuming. This can have a negative impact on the wellbeing of the children involved. Moreover, the lack of uniformity in judicial decisions makes it difficult to ensure that the agreed-upon arrangements are carried out in a consistent manner. This can lead to further delays and disputes. On top of that, the absence of guidelines in the Family Court also means that the parties involved may not be able to get an impartial assessment of their case. All of these factors contribute to making shared parenting arrangements hard to implement in Indonesia.
Shared parenting is still underdeveloped in Indonesia and is facing various obstacles. This lack of progress is due to cultural norms that emphasize traditional gender roles in child rearing, along with the lack of laws promoting shared parenting and the availability of government assistance. In addition,
929
most parents in Indonesia cannot afford the financial costs associated with shared parenting, such as court costs, lawyer fees, and adjustment of living environment. As such, it is important for legislators and policymakers to consider introducing programs and laws in Indonesia that will promote and facilitate shared parenting, and for more people to become aware of the benefits shared parenting can offer. Ultimately, progress in implementing shared parenting initiatives in Indonesia will require further financial, legal, and social support
After an initial overview of related work, we examine specific prior work on shared parenting. A Oweis et al. (2012)) conducted a study exploring the Islamic perspectives on shared parenting, with a particular focus on how it is viewed within Islamic law and its potential implications for Muslim families. The study found that certain Islamic jurists have viewed shared parenting as a positive development in terms of the rights of parents and children. Moreover, the authors suggest that shared parenting can be beneficial in terms of the psychological and social development of children, as well as the strengthening of relationships between parents and children. However, they also note that there are some potential negative implications of shared parenting, such as the potential for conflicts between parents or a decrease in the responsibility of either parent. Overall, the authors conclude that shared parenting should be encouraged in Islamic societies, as long as it is done in accordance with Islamic law and does not negatively impact the rights of parents or children.
Shared parenting has been shown to have numerous positive effects on both children and parents, and the Islamic faith is no exception. In their research, Bowie, Wojnar, and Isaak (2017) examined the effects of shared parenting in the Islamic faith, and found that the benefits of shared parenting in the Islamic faith include increased family cohesion, better communication between family members, and improved parent-child relationships. Additionally, shared parenting was found to increase children's sense of security and comfort, as well as their sense of autonomy and independence. Furthermore, the research found that shared parenting can also provide children with better opportunities to develop Islamic values, such as prayer, respect for elders, and respect for others' beliefs and cultures. L astly, shared parenting was found to reduce stress levels in both parents and children, as it allows for more time to be spent together and for more quality time to be spent with each individual member of the family. Overall, the research conducted by Bowie, Wojnar, and Isaak (2017) provides compelling evidence for the numerous benefits of shared parenting in the Islamic faith.
The challenges faced in implementing shared parenting within the Islamic community are explored in the 2019 article "Shared Parenting: Challenges Faced in the Islamic Community" by S. Sokip et al (2019). The authors note that single parenting is becoming increasingly common in the Islamic community due to various factors, including cultural norms and family dynamics. The authors further note that shared parenting can provide numerous benefits to children, but its implementation is hindered by a number of challenges. These include a lack of understanding or knowledge of shared parenting among parents, a lack of familiarity with the legal framework, a lack of support from extended family, and financial constraints. Furthermore, the authors point out that current policies and practices in the Islamic community do not adequately address the needs of children in shared parenting situations, creating further challenges. The authors conclude that a comprehensive, evidence-based approach to shared parenting is needed in order to promote its successful implementation within the Islamic community.
This article has shown that, despite some cultural and religious differences, shared parenting principles in Islam are based on the fundamental belief that both parents are responsible for their children's upbringing. While Muslim countries have made great strides in implementing laws and regulations to further promote shared parenting and gender equality, there is still much to be done. However, current legislation encourages and facilitates a harmonious working balance between parents to ensure their children's future wellbeing. Therefore, it can be concluded that shared parenting, as prescribed by Islamic principles, is an important step towards creating a happier and more harmonious family dynamic.
Since several issues remain in unaddressed on the concept of shared parenting in Islam, as evidenced by the limited number of studies that have been conducted. A future extension is suggested in favor of developing shared in Indonesia, it is clear that more research is needed to explore the potential benefits and implications of implementing such a system of parenting. Therefore, further
930
research is needed to gain a better understanding of shared parenting and its perspectives in Islam, which can contribute to shaping policies and initiatives that may influence parent's decisions and conceptions of modern family structures
The role of Islamic Law in determining shared parenting after divorce is an important topic of discussion, especially for Muslim parents. This essay will discuss the benefits and challenges of shared parenting after divorce in Islam and explore the role of Islamic law in determining shared parenting arrangements. The essay will focus on three main topics: the role of Islamic law in determining shared parenting after divorce, the benefits of shared parenting after divorce for Muslim children, and the challenges faced by Muslim parents in practicing shared parenting after divorce
Shared parenting after divorce in Islam offers a unique and balanced approach to parenting. While it requires cooperation and understanding between both parents, it is ultimately a nuanced and compassionate approach that prioritises the best interests of the children. Muslim families have the opportunity to provide an inviting and non-judgmental atmosphere for children to grow, learn, and find stability. Shared parenting after divorce in Islam is a beneficial and necessary practice, and it is important to remember that it provides an alternative model that is not just fair to all parties, but also beneficial for all involved
METHOD
The type of research used is literature research by examining court decisions regarding cases of child maintenance rights (hadanah). The data collection technique is by means of a study of the documentation of the decisions of the Religious Courts and the High Religious Courts, Circular of the Supreme Court (SEMA) Number 7 of 2012 concerning Formulation of the Results of the Discussion of the Results of the Plenary Meeting of the Supreme Court Chambers as Guidelines for the Implementation of Duties for the Court and Circular Letter of the Supreme Court ( SEMA) Number 3 of 2018 concerning Enforcement of the Formulation of the Results of the 2018 Supreme Court Chamber Plenary Meeting as a Guideline for the Implementation of Duties for the Religious Courts. Then, the data were analyzed and presented in a qualitative descriptive manner
RESULTS
1. THE EXISTING LAW OF CHILD CUSTODY AFTER DIVORCE IN INDONESIA
In Indonesia, the current laws surrounding child custody after divorce can often be confusing and difficult to navigate. In this essay, we will be examining the current laws surrounding child custody after divorce in Indonesia, exploring the potential benefits of changing the law of child custody after divorce in Indonesia, and considering the challenges of implementing a new law of child custody after divorce in Indonesia. By looking at all of these aspects, we can gain a better understanding of how the law of child custody after divorce could potentially be improved
The current laws surrounding child custody after divorce in Indonesia have been the subject of recent scrutiny. According to research conducted by K Nasution and S Nasution(2021), published in Al-Jamiah: Journal of Islamic Studies, the current laws are seen as outdated and not in line with international standards. They argue that the current regulations are not comprehensive enough and do not provide sufficient protection for the rights of the children. This is especially concerning in cases of divorce, where the rights of the children can be overlooked. The research conducted by Nasution and Nasution concluded that the existing laws are inadequate and require a comprehensive overhaul. This would involve introducing more modern, child-centered laws that take into account the best interests of the child and their right to a safe and secure upbringing. Such measures would go a long way towards ensuring that the children in divorce proceedings are able to receive the protection that they deserve (Nasution&Nasution, 2021)
The changing of the law of child custody after divorce in Indonesia has the potential to bring about a range of benefits for children and families. According to S Asmalia, RA Kasri and A Ahsan (2018), this potential can be explored from a variety of angles. For example, the law change could help to ensure that the best interests of the child are taken into account when determining post-divorce custody arrangements. It could also help to ensure that the custody arrangements are based on the individual
circumstances of each family, rather than simply being a one-size-fits-all solution. Furthermore, the law change could help to provide families with more information and guidance on post-divorce custody arrangements, which could result in more informed decisions being made. Additionally, the law change could result in a reduction in the number of disputes between parents over post-divorce custody arrangements, as it could provide a more transparent and consistent process for determining custody arrangements. Ultimately, the potential benefits of changing the law of child custody after divorce in Indonesia should be explored further in order to ensure that the best interests of the child are taken into account.
In Indonesia, the implementation of a new law of child custody after divorce has been met with numerous challenges. According to E Nurlaelawati, author of Islamic Law and Society (2013), the main issue is that the existing laws on child custody and divorce are rooted in traditional Islamic law, which is not always in line with current realities. As a result, legal practitioners have been unable to determine the most appropriate legal solutions that are in line with both the applicable laws and the needs of the parties involved. Furthermore, the lack of awareness among many of the people who are affected by the new law has created an additional obstacle for its successful implementation. In addition, the country's judicial system has been unable to provide sufficient support for the enforcement of the new law, leading to a situation where many of the affected parties are not receiving the necessary legal protection. As such, the implementation of the new law of child custody after divorce in Indonesia has been hindered by a number of factors.
In conclusion, the law of child custody after divorce in Indonesia should be changed to provide children with a stable and secure environment. Children should be given the opportunity to grow in a safe environment, and the parents should agree to the best interests of their children during the divorce proceedings. This can be done through mediation with the help of a legal expert. The law should also take into consideration the physical, emotional, and psychological needs of the children to ensure their safety, security, and well-being. With these changes, the law of child custody in Indonesia can be an instrument of change that offers children the best opportunity to cope with the after-effects of divorce
2. CHALLENGE OF SHARED PARENTING IN INDONESIA
Shared Parenting is a concept that has been gaining worldwide attention in recent years, and Indonesia is no exception. However, the application of shared parenting in Indonesia has faced numerous obstacles, such as the lack of awareness of shared parenting in the country, cultural factors influencing the uptake of the concept, and legal challenges that stand in the way of its establishment. In this essay, these three topics will be discussed in depth in order to gain a better understanding of the obstacles shared parenting faces in Indonesia.
In Indonesia, shared parenting is still not widely known and practiced due to the lack of awareness about its potential benefits for both parents and children. This was highlighted in an article by A Rahmah(2015), published in the journal Procedia Computer Science. Rahmah noted that the majority of Indonesian parents are not familiar with the concept of shared parenting. This is largely due to the fact that traditional family dynamics in Indonesia have always been seen as a reflection of the father's authority. As a result, the idea of shared parenting is often seen as a threat to this traditional family structure, leading many parents to avoid discussing the concept with their children and other family members. Furthermore, Rahmah mentioned that the lack of awareness is also caused by the lack of public education and knowledge about shared parenting and its potential benefits. As such, it is necessary for parents to be more aware of the advantages of shared parenting in order to ensure that their children are given the best opportunities to grow and develop in a healthy and nurturing environment.
In Indonesia, cultural factors play a large role in determining the acceptance of shared parenting. According to KE Wijayanti et al. (2021), shared parenting has been a recent phenomenon in Indonesia and has been met with mixed results. Due to a strong patriarchal society, shared parenting is often seen as a threat to the traditional family structure, which can lead to a decrease in acceptance and uptake of shared parenting. Furthermore, the social norms in Indonesia emphasize a division of gender roles and responsibilities, thus leading to a decrease in the number of fathers who are willing to take
part in shared parenting. Additionally, the lack of knowledge and understanding of the concept of shared parenting is also a factor that contributes to its slow uptake. The lack of education and awareness on the benefits of shared parenting has contributed to the lack of acceptance in Indonesian society. The authors note that one of the main challenges in promoting shared parenting is the limited access to quality information about shared parenting among Indonesian families. As such, it is important for the Indonesian government to take steps to increase awareness and understanding of shared parenting through various forms of media and educational materials. This will not only help increase the uptake of shared parenting but will also help families make informed decisions about parenting.
The legal challenges of establishing shared parenting in Indonesia are manifold. According to H Sudarmanto(2022), in a paper published in the International Journal of Social Science, the main issues revolve around a lack of legal clarity, a lack of uniformity in judicial decisions, and the absence of guidelines in the Family Court. He finds that the current legal framework does not provide guidance on the application of joint custody in the event of divorce or death of a parent. As a result, the legal process of setting up shared parenting arrangements is often tedious and time-consuming. This can have a negative impact on the wellbeing of the children involved. Moreover, the lack of uniformity in judicial decisions makes it difficult to ensure that the agreed-upon arrangements are carried out in a consistent manner. This can lead to further delays and disputes. On top of that, the absence of guidelines in the Family Court also means that the parties involved may not be able to get an impartial assessment of their case. All of these factors contribute to making shared parenting arrangements hard to implement in Indonesia.
Shared parenting is still underdeveloped in Indonesia and is facing various obstacles. This lack of progress is due to cultural norms that emphasize traditional gender roles in child rearing, along with the lack of laws promoting shared parenting and the availability of government assistance. In addition, most parents in Indonesia cannot afford the financial costs associated with shared parenting, such as court costs, lawyer fees, and adjustment of living environment. As such, it is important for legislators and policymakers to consider introducing programs and laws in Indonesia that will promote and facilitate shared parenting, and for more people to become aware of the benefits shared parenting can offer. Ultimately, progress in implementing shared parenting initiatives in Indonesia will require further financial, legal, and social support
DISCUSSION
1. UNCOVER THE FLEXIBILITY OF INDONESIAN MARRIAGE LEGAL SYSTEM
The implementation of Syafii in marriage law in Indonesia has been a controversial topic in recent years. This essay will explore an overview of the current situation of marriage law in Indonesia, the impact of Syafii on the marriage law system in Indonesia, and suggestions for improving the implementation of Syafii in marriage law in Indonesia.
The current situation of marriage law in Indonesia is complex and ever-changing. According to Bedner and Van Huis (2010), the regulation of marriage in Indonesia is mainly based on the 1945 Marriage Law. This law is based on a traditional patrilineal family structure and regulates a wide range of topics, including marriage registration, divorce, adoption, and inheritance. Although the 1945 Marriage Law is the main source of regulation, its provisions are often supplemented by regional laws, such as the 1973 Marriage Law of Aceh. These regional laws are mainly based on Islamic law and apply to Muslims living in various parts of Indonesia. In addition, there have been several amendments to the 1945 Marriage Law, including the 2003 amendment which introduced a new concept of "civil marriage", which is more liberal than the traditional marriage model. Furthermore, in recent years, there has been a growing recognition of customary law, which is mainly based on indigenous cultures and traditions. This has created a more diverse legal landscape and has allowed for more flexibility in the regulation of marriage in Indonesia. All of these factors combine to create a complex and ever-changing situation for marriage law in Indonesia.
Syafii was a highly influential figure in the development of the marriage law system in Indonesia. According to JS Katz and RS Katz in their article in the American Journal of Comparative Law (1975),
Syafii was deeply involved in the creation of the Indonesian marriage law system, which is based on a combination of Islamic law and Indonesian civil law. He was an advocate for the rights of women in marriage, and his work had a major impact on the development of the marriage law system in Indonesia. He argued for the equality of women in a marriage, and fought against gender discrimination in the courts. His work was a major factor in the development of a modern marriage law system in Indonesia that respected the rights of married couples, regardless of their gender. In addition, Syafii's influence was also significant in the creation of more equitable rules for marriage, divorce, and inheritance in Indonesia. His work had a profound impact on the development of the marriage law system in Indonesia and has had a lasting impact on the rights of married couples in the country.
The implementation of Syafii in marriage law in Indonesia could be improved in a number of ways. According to SC Van Huis and TD Wirastri in the Australian Journal of Asian Law (2012), Syafii is a crucial part of marriage law in Indonesia that reflects the country's Islamic heritage. However, the current implementation of this law is flawed, and some changes could be made to improve its effectiveness. For instance, Van Huis and Wirastri suggest that Syafii could be better integrated into the legal system by making its implementation mandatory for all marriages, not just those between Muslims. Additionally, they propose that the Indonesian government could create more marriage counseling services that focus on Syafii counseling and provide more guidance for those wishing to practice Syafii marriage. Finally, they recommend that the Indonesian government should encourage more public education about Syafii marriage laws, so that individuals can make informed decisions about their marriage. These suggestions could be beneficial for improving the implementation of Syafii in marriage law in Indonesia, and should be taken into consideration by the Indonesian government.
The implementation of Syafii in marriage law in Indonesia serves to protect the rights of all parties involved in a marriage. It is not only a good example of Indonesia's commitment to the protection of human rights, but it is also a great way to ensure that couples' legal rights are respected throughout the marriage. Furthermore, by implementing Syafii in Indonesia's marriage law, the nation is taking concrete steps toward creating a more equal and just society, creating better conditions for families and couples to thrive.
2. DEVELOP SHARED PARENTING IN INDONESIA
The traditional parenting system in Indonesia is largely based upon the division of gender roles and responsibilities. However, with the rise of modern society, there has been increasing focus on the importance of shared parenting between both mothers and fathers. This essay will explore how to develop a shared parenting system in Indonesia by first analyzing the existing parenting practices in Indonesia, exploring the benefits of enhancing shared parenting and finally investigating strategies to develop a shared parenting system in Indonesia.
In Indonesia, the existing parenting practices have been subject to much analysis in recent years. YE Riany, DM Haslam, and M Sanders (2022) conducted a study that was published in the Journal of Child and Family Studies. The researchers used a qualitative approach to examine how parenting practices in Indonesia are influenced by both cultural and contextual factors. They found that the parenting practices in Indonesia are largely influenced by the values of collectivism, which is a belief system that emphasizes family and community interdependence. This collectivist orientation is reflected in the parenting practices of Indonesian parents, who tend to be more authoritarian in their parenting style. They also found that a lack of resources and a lack of parental involvement in the educational system contribute to the difficulties experienced by Indonesian parents. The study concluded that the existing parenting practices in Indonesia are not necessarily adequate for the needs of the children, and that there is a need for more research in order to better understand the cultural and contextual factors that influence parental practices in the country.
Shared parenting has recently become a popular model of parenting, allowing both parents to have an equal share in the responsibility of raising a child. According to a study conducted by EM Lewis et al. (2022), this model of parenting has several advantages. Parents engaged in shared parenting have the opportunity to develop closer relationships with their children, as both parents are actively participating in the parenting process. Additionally, this model typically results in improved
communication between the parents, allowing them to work together to address parenting challenges. Furthermore, shared parenting is associated with better mental and physical health outcomes for both parents and children, as they are receiving more support from both parents. This model also contributes to increased financial stability, as both parents are better able to provide for the child. The study conducted by EM Lewis et al. (2022) found that shared parenting is beneficial for the entire family and should be encouraged whenever possible.
In Indonesia, there has been a growing interest in the concept of shared parenting and research to investigate strategies to develop a shared parenting system in the country. YE Riany, D Haslam, N Musyafak, J Farida, S Maarif et al. (2022) conducted a study to explore the strategies to develop a shared parenting system in the Indonesian court system. The authors conducted semi-structured interviews with a sample of court staff and family law experts in Indonesia. The study found that in order for a successful shared parenting system to be developed, there needs to be an adequate level of awareness and understanding about the concept of shared parenting in the Indonesian court staff and family law experts. This can be achieved through providing training and education for these professionals, as well as through policy change and legal reforms. Furthermore, the authors suggested that the implementation of a shared parenting system should be supported by research, policy, and practice. This research provides valuable insight into the strategies that can be used to develop a shared parenting system in Indonesia and should be considered by policymakers when making decisions regarding the implementation of a shared parenting system in the country.
In conclusion, establishing a shared parenting system in Indonesia is beneficial for all parties involved. It is beneficial for the parent, providing them with a sense of autonomy and freedom while ensuring their children a secure and safe future. This can be done through the promotion and regulation of gender equality in the parenting roles and responsibilities, encouraging both the father and the mother to be actively involved in the upbringing of their children. The government can support this initiative by creating laws that ensure that the rights of both parents are taken into consideration when determining parenting plans and custody arrangements. This will ensure a more harmonious and secure environment for the child, as well as prevent any potential conflict between both parents
In Indonesia, shared parenting is a relatively new concept that is not widely understood or accepted. This essay will examine the various benefits of shared parenting, explore the barriers preventing its wider acceptance, and propose solutions to increase awareness of this important concept. By understanding the advantages of shared parenting and addressing the challenges it faces, it is possible to create a more equitable and supportive environment for parents and children.
In recent years, there has been an increased focus on the advantages of shared parenting in Indonesia. In a study conducted by Arnold and Javorcik(2009), the authors sought to explore the impact of shared parenting in Indonesia. They found that shared parenting positively impacts the economic situation of households in Indonesia. Specifically, they found that when both parents are involved in parenting, the household income is higher and the economic well-being of the household increases. Additionally, the authors found that when both parents are involved in the parenting process, it leads to fewer parental conflicts and better decision-making within the household. This suggests that parents who are involved in parenting can create a more harmonious family environment. Further, it was found that shared parenting can reduce the gender wage gap in Indonesia, as both parents are more likely to be involved in the labor force when they are involved in parenting. Overall, this research shows that shared parenting can provide many economic benefits to households in Indonesia. Therefore, it is important for policy makers to consider the potential benefits of shared parenting when making decisions about family policies.
Shared parenting is a parenting arrangement where both parents have equal parenting responsibilities and rights, such as providing care and support for the children, making decisions about their upbringing, and spending time with them. However, despite its potential benefits for both parents and children, shared parenting is still uncommon in Indonesia. In a study conducted by G Hati(2022), published in the JurnalIlmuKeluarga&Konsumen, various barriers to shared parenting in Indonesia were explored. These include traditional gender roles, lack of awareness of shared parenting, and economic constraints. Traditional gender roles still persist in Indonesia, with women being seen as the primary caregivers while men are seen as the primary breadwinners. This inhibits the
935
ability of both parents to equally participate in parenting. Additionally, the lack of awareness of shared parenting can also prevent people from considering it as a viable option, as many are not aware of its potential benefits. Finally, economic constraints can also prevent shared parenting from being adopted, as it may require both parents to have full-time jobs to ensure financial stability. In conclusion, while shared parenting can bring many benefits to both parents and children, various barriers still exist in Indonesia that impede its adoption.
In order to increase awareness of shared parenting in Indonesia, the first step is to provide comprehensive education on the concept of shared parenting to the general public. According to T Zulfikar's research in the Journal of Indonesian Social Sciences and Humanities (2018), shared parenting should not be seen as an alternative to sole parenting but rather as a parenting style that provides equal rights and responsibilities to both parents. Education on the benefits of shared parenting should include the advantages of both parents being actively involved in the lives of their children. This includes emphasizing the importance of both parents' involvement in providing physical and emotional care, discipline, guidance, and protection for the children, as well as teaching them values and life skills. Furthermore, education on shared parenting should also provide information on how to share parenting responsibilities. This includes practical tips on how to navigate difficult parenting decisions and how to handle different parenting styles. By providing comprehensive and up-to-date education on shared parenting, more people in Indonesia will be able to understand the concept and its benefits, and consequently be more likely to practice shared parenting.
In conclusion, raising awareness about the importance of shared parenting in Indonesia is vital for creating a better family dynamic. There are multiple steps to take in order to raise awareness and create an engaging platform for shared parenting, such as engaging well-known figures to talk about their experiences, offering workshops and seminars to help parents gain a better understanding of this concept, and advertising campaigns to share stories and tips about shared parenting. With these steps and by increasing overall knowledge, Indonesia can benefit greatly by bringing shared parenting into their culture
CONCLUSION
The main conclusion that can be drawn from this work is the development of shared could be achieved through providing training and education for these professionals, as well as through policy change and legal reforms. Shared parenting can reduce the gender wage gap in Indonesia, as both parents are more likely to be involved in the labor force. It also leads to fewer parental conflicts and better decision-making within the household. Despite its potential benefits for both parents and children, shared parenting is still uncommon in Indonesia. The benefits of shared parenting should include the advantages of both parents being actively involved in the lives of their children. Our findings could potentially explain the increase in the understanding of shared parenting as an alternative a child protection after divorce These findings have important implications for enhance marriage legal system. This work suffers from a number of limitations - notably related to empirical data. Several interesting aspects may be explored further by increasing the data in different location.
REFERENCES
1. Asmalia, S., AwaliahKasri, R., & Ahsan, A. (2018). Exploring the Potential of Zakah for Supporting Realization of Sustainable Development Goals (SDGs) in Indonesia. International Journal of Zakat, 3(4). https://doi.org/10.37706/ijaz.v3i4.106
2. Bedner, A., & van Huis, S. (2010). Plurality of marriage law and marriage registration for Muslims in Indonesia: a plea for pragmatism. Utrecht Law Review, 6(2). https://doi.org/10.18352/ulr. 130
3. Bowie, B. H., Wojnar, D., & Isaak, A. (2017). Somali Families' Experiences of Parenting in the United States. Western Journal of Nursing Research, 39(2). https://doi.org/10.1177/0193945916656147
4. Cammack, M. (1989). Islamic law in indonesia's new order. International and Comparative Law Quarterly, 38(1). https://doi.org/10.1093/iclqaj/38.1.53
5. Hati, G. (2022). CHILD-REARING BARRIERS AND SOCIAL SUPPORT OF MIGRANT FAMILIES: A CASE STUDY OF INDONESIAN MOTHERS LIVING IN SEOUL, SOUTH KOREA. JurnalIlmuKeluarga&Konsumen, 15(2), 153-163.
6. Katz, J. S., & Katz, R. S. (1975). The New Indonesian Marriage Law: A Mirror of Indonesia's Political, Cultural, and Legal Systems. The American Journal of Comparative Law, 23(4). https://doi.org/10.2307/839240
7. Lewis, E. M., Murugan, V., Williams, K. A., Barth, R. P., & Lee, B. R. (2022). Relationships matter: Exploring the implementation of the Quality Parenting Initiative and the foster parent experience. Child and Family Social Work, 27(4). https://doi.org/10.1111/cfs.12908
8. Matthias Arnold, J., &Javorcik, B. S. (2009). Gifted kids or pushy parents? Foreign direct investment and plant productivity in Indonesia. Journal of International Economics, 79(1). https://doi.org/10.1016/j.jinteco.2009.05.004
9. Nasution, K., &Nasution, S. (2021). IMPLEMENTATION OF INDONESIAN ISLAMIC FAMILY LAW TO GUARANTEE CHILDREN'S RIGHTS. Al-Jami'ah, 59(2). https://doi.org/10.14421/ajis.2021.592.347-374
10. Nurlaelawati, E. (2013). Muslim women in Indonesian religious courts: Reform, strategies, and pronouncement of divorce. Islamic Law and Society, 20(3). https://doi.org/10.1163/15685195-0010A0003
11. Oweis, A., Gharaibeh, M., Maaitah, R., Gharaibeh, H., &Obeisat, S. (2012). Parenting From a Jordanian Perspective: Findings From a Qualitative Study. Journal of Nursing Scholarship, 44(3). https://doi.org/10.1111 /j.1547-5069.2012.01455.x
12. Rahmah, A. (2015). Digital Literacy Learning System for Indonesian Citizen. Procedia Computer Science, 72. https://doi.org/10.1016Aj.procs.2015.12.109
13. Riany, Y. E., Haslam, D. M., & Sanders, M. (2022). Parental Mood, Parenting Style and Child Emotional and Behavioural Adjustment: Australia-Indonesia Cross-Cultural Study. Journal of Child and Family Studies, 31(9). https://doi.org/10.1007/s10826-021-02137-5
14. Roziqin, A., Mas'udi, S. Y. F., &Sihidi, I. T. (2021). An analysis of Indonesian government policies against COVID-19. Public Administration and Policy, 24(1). https://doi.org/10.1108/PAP-08-2020-0039
15. Sokip, Akhyak, Soim, Tanzeh, A., & Kojin. (2019). Character building in islamic society: A case study of muslim families in tulungagung, East Java, Indonesia. Journal of Social Studies Education Research, 10(2).
16. Sudarmanto, H. (2022). STRATEGY FOR ENSURING OF INDONESIAN MIGRANT WORKERS (PMI) CHILDREN HAVE THE RIGHT TO A GOOD EDUCATION. International Journal of Social Science, 2(3), 1703-1710.
17. Turisno, B. E., Suharto, R., Priyono, E. A., &Mahmudah, S. (2021). Negligence in Implementing Child Custody Decisions: A Threat to Child Protection in Indonesia. International Journal of Criminal Justice Sciences, 16(2).
18. van Huis, S. C., &Wirastri, T. D. (2012). Muslim marriage registration in Indonesia: revised marraige registration laws cannot overcome compliance flaws. Australian Journal of Asian Law, 13(1).
19. Wijayanti, K. E., Schütze, H., MacPhail, C., &Braunack-Mayer, A. (2021). Parents' knowledge, beliefs, acceptance and uptake of the HPV vaccine in members of The Association of Southeast Asian Nations (ASEAN): A systematic review of quantitative and qualitative studies. In Vaccine (Vol. 39, Issue 17). https://doi.org/10.1016/j.vaccine.2021.03.049
20. Zulfikar, T. (2018). The Making of Indonesian Education: An overview on Empowering Indonesian Teachers. Journal of Indonesian Social Sciences and Humanities, 2. https://doi.org/10.14203/jissh.v2i0.19
