An Analysis of the Implementation Of Civil Procedural Law in the Examination of Child Custody Disputes (A Study Of Decision No. 2525/Pdt.g/2025/Pa.jt)

Abstract

The dispute over child custody following a divorce requires a case review that not only meets procedural standards but also focuses on protection of the child's best interests. The objective of this study is to address two research questions: Firstly, how is the application of civil procedure implemented during the examination and evidentiary stages in Judgment No. 2525/Pdt.G/2025/PA.JT; and secondly, whether the judge’s legal reasoning in that judgment aligns with the principle of the child’s best interests. This study employs a normative legal research method utilizing a case-based, statutory, and conceptual approach. The findings demonstrate that the application of civil procedure has formally met procedural standards, encompassing mediation, the exchange of pleadings, orderly evidence presentation, and the use of e-court in accordance with PERMA No. 7 of 2022. However, there is a substantive limitation in that the First Child—who is mumayyiz and has special needs—was not heard directly, and without an adequate alternative mechanism. The judge’s decision was oriented towards the best interests of the child through reference to the Child Protection Law and the Indonesian Compilation of Islamic Law (KHI). However, it was suboptimal in that the child’s wishes are only obtained from the testimony of the mother, and the judge does not have the authority to determine child support ex officio. This study demonstrates that the application of procedural compliance in child custody proceedings needs to be integrated with substantive considerations that are more responsive to the child’s best interests and special needs.