Protection of Children's Rights As Victims of Divorce in Religious Court Decisions: A Juridical And Sociological Analysis in Ternate City

Perlindungan Hak Anak Korban Perceraian dalam Putusan Pengadilan Agama: Analisis Yuridis dan Sosiologis di Kota Ternate

Abstract

Children caught in the crossfire of parental divorce are among the most legally and socially vulnerable members of Indonesian society. This article examines how the Ternate Religious Court protects children’s rights in divorce adjudication, integrating juridical analysis of relevant legislation and court decisions with a sociological assessment of post-divorce outcomes for children. Drawing on normative-juridical methodology and secondary sociological data, the study evaluates the extent to which Religious Court decisions in Ternate comply with the protection mandates of the Indonesian Child Protection Law No. 35 of 2014, Law No. 1 of 1974 on Marriage, and the Compilation of Islamic Law, as well as with the best-interest-of-the-child principle enshrined in the Convention on the Rights of the Child. Findings reveal significant gaps between the formal legal mandate to protect children and the lived realities of post-divorce child welfare, particularly regarding hadhanah (child custody), nafaqah (child maintenance), and children’s rights to education, identity, and ongoing parental relationships. The article proposes institutional and juristic reforms to strengthen child protection within the Religious Court system.