PEMENUHAN HAK ANAK MELALUI PENGASUHAN TUNGGAL, PENGASUHAN BERSAMA DAN PERENCANAAN PENGASUHAN

The concept of joint custody has been established to replace the concept of sole custody in the legal system in several countries. The sole custody is deemed no longer in line with the values of gender equality which demands that the parents’ responsibility to care the child(ren) after the marriage breakdown should continue and the caring must involve both parents. The questions in this study are: how Article 41 of the Marriage Act 1974 is understood by judges as sole custody or joint custody, how their understanding on the article is applied to child custody cases, and how often the judges has demanded the parents to make a parenting plan agreement for the sake of their child(ren) in the future. The research method uses qualitative approach. Primary data was undertaken by delivering questionnaires and interviewing judges in Semarang District Court and Semarang Religious Court. Secondary data was undertaken through four (4) court verdicts related to child custody cases. The result demonstrates that the court gave child custody to the mother or the father on the basis of the child(ren)’ needs. The court does not have any policies or guidelines to demand the divorced parents to make a joint custody agreement between them in dealing with caring child(ren). The existing mediation has emphasized efforts to reconcile the couple who want to divorce rather than discussing plans to support the children needs in the future through a joint custod