Drama Perjuangan Hak Asuh, Anak Jadi Korban Divorce Hingga Penculikan Oleh Tua

JAKARTA - Parents' divorce can leave a deep psychological impact on children. Emotional instability, feelings of loss, anxiety, and depression can arise due to the separation.

Dalam beberapa kasus, konflik pasca-cerai semakin memperburuk kondisi mental anak, terutama jika terjadiran hak pemukungan yang tidak sehat. Salah satu fenomena yang kerap muncul dalam situasi ini adalah parental child abduction atau penculikan anak oleh tua belas.

Parental child absorption is an act of carrying, escaping, or hiding a child committed by one of the parents without the consent of another party who has custody.

Child psychologist Seto Mulyadi emphasized that this phenomenon is a form of kidnapping by his own parents. He explained that forced custody, especially by means of violence, has a negative impact on children.

"The impact of this viral child absorption can make children suffer from emotional, psychological problems, disrupt their development, causing social problems and others. Obviously, this act has violated the law for the perpetrators because it claimed children's rights," said the man who is familiarly called Kak Seto online at a media meeting in Jakarta, Tuesday, February 11, 2025.

As Chairperson of the Indonesian Child Protection Agency (LPAI), Kak Seto also highlighted that this action was categorized as a violation of the law based on Article 330 Paragraph 1 of the Criminal Code (KUHP).

The article states that kidnapping children by biological parents can be subject to criminal sanctions of up to seven years. If this act is carried out with violence, threats, or deception, the sentence can increase by up to nine years.

"Saya berharap negara memiliki peran lebih aktif dalam melindungi anak-anak, terutama dalam kasus parental abduction yang melibatkan pasangan berbeda warga. Sebab, tidak sedikit kasus di mana anak dibawa ke luar negeri oleh salah satu tua tanpa izin, sehingga hubungan dengan tua lainnya terputus," tuturnya.

In the context of divorce, confiscation of custody by one of the parents often occurs. Therefore, Seto emphasized the importance of the concept of child-friendly divorce. If separation is unavoidable, parents must prioritize child welfare and settle all matters in a way that does not involve violence.

In a legal point of view, parenting is different from conventional kidnappings. Criminal law expert Ahmad Sofian explained that child kidnapping is usually carried out for exploitation, while parenting involves one of the parents who takes children away without the consent of the legal custody holder based on a court decision.

"In Indonesia, prior to the decision of the Constitutional Court (MK) No. 140/PUU-2023 on September 3, 2024, this action was not considered a criminal act if it was committed by biological parents. However, after the decision, taking children away by parents who are not officially custody holders is considered a criminal act," said Ahmad Sofian on the same occasion.

Unfortunately, even though there has been a legal decision, implementation in the field still faces obstacles. Ahmad Sofian revealed that many cases of parental abduction still occurred because the Constitutional Court's decision had not been fully complied with.

Therefore, further efforts are needed from the government and law enforcement to ensure child protection from the adverse effects of this action.

Injustice to women in Indonesia is still a problem that needs serious attention, especially for those experiencing parenting.

Trisya Suherman, General Chair of Moeldoko Center, revealed that based on the Komnas Perempuan report in 2019-2023, as many as a third or 93 of the 309 cases of violence perpetrated by ex-husbands were directly related to the struggle for child custody.

"Many women who struggle to get child custody are actually victims of delaying justice, which further prolongs their suffering," said Trisya.

This phenomenon is increasingly worrying because parental abduction actors are often individuals who have a history of domestic violence (KDRT), who are still allowed to take over child custody without considering their impact on child development.

Until now, not a few cases of parental abduction have not yet received a legal solution. Five mothers who were victims of parental abduction revealed their experiences in dealing with injustice.

Nur, for example, has lost her child for more than a year due to the kidnapping by her ex-husband. Reports that have been running for a year have not received any follow-up.

Meanwhile, Angelia Susanto is still struggling to find her son, EJ, who is suspected of being smuggled abroad by her father, a Filipino national, with the help of officers since 2020.

"Even though they have reported to various state institutions and NGOs, as well as the status of suspects and the People's Wanted List (DPO) have been issued, so far there has been no progress regarding the existence of EJ," said Angelia.

Another sad story came from Anlita who experienced domestic violence repeatedly in public. The child who became custody was forcibly taken, while she was even reported to the police. The same situation was also experienced by Shafira, who was separated from her daughter for a year after her ex-husband and in-laws forcibly took her child.

Felicia Haliman, who managed to escape the violence perpetrated by her ex-husband and in-laws, experienced the same thing, where her ex-husband continued to block her access to meet her child despite signing the agreement.

Siti Rahmawati and S, two other mothers, also felt the cruelty of parental absduction. Siti could not hug her two children because her ex-husband was blocking their communication. Meanwhile, S has been separated from his two children for 13 years, where they have even been influenced not to want to see him again.

Mothers who are victims of parental abduction demand justice and legal protection in accordance with the Constitutional Court's Decision regarding Article 330 of the Criminal Code concerning child kidnapping by biological parents. To convey their aspirations and hopes, these mothers plan to complain about their problems through the 'Report Mas Wapres' channel.

The hope is that the government and law enforcement can immediately take concrete action so that their children can return to the arms of their mothers, as well as ensure that the parental abduction case does not drag on without completion.