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The practice of withholding a diploma as a condition of employment is still widespread in employment relationships in Indonesia. Generally, employers argue that withholding a diploma is intended to guarantee that workers complete the agreed-upon work contract period. However, this practice raises legal issues because it has the potential to violate the principle of freedom of contract, especially when viewed in light of the provisions of Article 1320 of the Civil Code (KUH Perdata), which regulates the conditions for a valid agreement. A diploma withholding clause can affect the fulfillment of the element of free agreement, because such clauses are often agreed to under duress or without fair alternatives for workers. This study aims to examine the validity of diploma withholding clauses in employment agreements and assess the legal consequences if such clauses are declared invalid. The research method used is a normative juridical approach by analyzing relevant laws and regulations, legal doctrine, and court decisions. The results of the analysis show that diploma withholding clauses often conflict with the conditions for a valid agreement, especially the element of lawful cause, because they conflict with the principles of protecting workers' rights and the principle of justice in freedom of contract. Furthermore, this practice can lead to human rights violations, considering that diplomas are important personal documents and cannot be confiscated without a clear legal basis. If the diploma retention clause is declared invalid, the clause is null and void and does not bind the parties. Consequently, the employer is obliged to return the diploma to the employee unconditionally, and the employee has the right to claim compensation if they suffer losses due to the retention. This study recommends the need for stricter regulations in employment regulations to prohibit the practice of diploma retention, in order to ensure the creation of fair and equal employment relationships in accordance with the principles of contract law.

One example of a case of falsified documents in the issuance of overlapping land certificates occurred in East Luwu Regency and was raised in court through Decision Number 90/Pid.B/2020/PN MII. In this case, it was discovered that land certificate falsification was carried out by a land mafia, resulting in the emergence of two certificates for the same plot of land. This practice not only harms the legitimate owner but also creates laws and gives rise to complex agrarian conflicts. This research uses a normative juridical method, with an approach based on laws and court decisions. The results show that the preservation was an intentional act carried out by one party, with the aim of controlling land rights that did not belong to him. In the decision, the perpetrator was found guilty and sentenced because it was also proven to have falsified documents, as stipulated in Article 263 of the Criminal Code (KUHP). From this case, it can be concluded that law enforcement against overlapping duplicate certificates is very important to ensure legal certainty and protection. Protection efforts for land rights holders are carried out through a land registration process that complies with procedures based on Law Number 5 of 1960 concerning the Principles of Agrarian Law. Compliance with these procedures can provide a strong basis for identifying legitimate rights holders and preventing future damage, including cases of overlapping certificates caused by document falsification. To prevent the recurrence of similar cases, it is necessary to improve the monitoring system and digitize land data comprehensively by the National Land Agency (BPN). An integrated digital-based land system can minimize the opportunity for the issuance of duplicate certificates for a single plot of land, because all land rights data can be accessed and disclosed transparently and in real time.

Agreement is one of the most important sources of engagement in civil law. In practice, agreements become the legal basis for parties to regulate mutual rights and obligations. As in credit agreements where credit agreements are one of the most common forms of agreements in banking practices and financing activities in Indonesia. This agreement becomes the legal basis for the relationship between creditors and debtors in the context of providing loan facilities. This article discusses the juridical aspects of credit agreements, starting from the elements of a valid agreement, the principles that underlie it, to the legal consequences that arise in the event of default or unlawful acts by one of the parties. The research was conducted using a normative juridical method that focuses on analyzing laws and regulations, especially the Civil Code and the Banking Law. The results of the study show that credit agreements are not only civilly binding, but also contain potential criminal law consequences in the event of misuse. Therefore, it is important for the parties to understand the contents and legal consequences of the credit agreement thoroughly.

Punitive populism is a political-legal phenomenon that replaces legal rationality and corrective justice with a rhetoric of power that negates the protection of human rights and the rehabilitative function of the criminal justice system. In this context, criminal policy tends to be characterized by a repressive approach that prioritizes symbolic punishment for short-term political legitimacy. Social polarization further strengthens the destructive power of punitive populism by making the issue of crime a symbolic instrument in identity conflicts, thereby losing its autonomy and submitting to an emotional, majoritarian logic. This study aims to analyze how punitive populism, as a product of the interaction between populist logic and social polarization, results in the erosion of the basic values of modern law, particularly the principles of proportionality, legal certainty, and human rights protection. Furthermore, this study also identifies structural barriers that hinder efforts to curb its expansion in criminal policy. The study uses qualitative methods with a conceptual approach. Data were obtained through library research of academic literature, legal documents, and policy analysis, then processed using qualitative analysis techniques and presented descriptively. The research findings show that punitive populism has shifted the orientation of criminal policy from a paradigm of justice and rehabilitation to a logic of punishment that is reactive to public emotional distress. The mass media, particularly within a polarized information ecosystem, plays a role in shaping distorted perceptions of crime, thereby reinforcing public demands for harsh and immediate policies. This situation creates legal vulnerability to political instrumentalism, threatens the principle of the rule of law, and deepens social exclusion of vulnerable groups. To address this, strategic steps are needed, including limiting fear-based political rhetoric, strengthening independent legal institutions, and rebuilding a criminal law paradigm based on substantive justice, inclusivity, and respect for human rights.

This study examines the role of discretion exercised by law enforcement officers, especially within the context of criminal investigations. Discretion refers to the authority granted to investigators, prosecutors, and judges to make decisions that are not always explicitly regulated by written laws or regulations. It is granted to allow flexibility in addressing situations that require quick, context-specific decisions. Discretion is necessary because not every legal situation can be anticipated in advance by the law, especially in dynamic and unpredictable situations that law enforcement professionals encounter daily. However, the exercise of discretion must be grounded in the core principles of justice, legal certainty, and respect for human rights, ensuring that decisions are made fairly and in accordance with legal norms. While discretion allows law enforcement officers to exercise judgment and adapt to diverse situations, it also carries significant risks, particularly the potential for abuse of power. Such abuse could manifest in inappropriate criminalization of innocent individuals, discriminatory practices, or biased decisions that undermine the legitimacy of the justice system. The possibility of such negative consequences necessitates a careful and responsible approach to the application of discretion. Law enforcement officers must not only act in accordance with the law but also adhere to ethical standards and ensure that their decisions are made transparently and equitably. Therefore, the study emphasizes the need for strict oversight and the development of clear, consistent guidelines to govern the exercise of discretion. Supervision mechanisms, such as internal audits and external oversight bodies, are crucial in monitoring law enforcement activities and ensuring that officers do not misuse their powers. Furthermore, providing adequate training to law enforcement personnel on the ethical and legal boundaries of discretion is vital in preventing arbitrary or unjust decisions.

This study aims to analyze the effectiveness of legal protection for victims of human trafficking in Indonesia, based on Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Legal protection for victims encompasses preventive measures, case handling, and the restoration of victims’ rights through available legal mechanisms. The focus of this research is to evaluate how far the existing regulations can provide comprehensive protection for victims—beginning from the victim identification process, through judicial proceedings, and continuing to social rehabilitation and reintegration into society. This study applies a normative juridical method that emphasizes legal norms and regulations in force. It also highlights the importance of synergy among law enforcement agencies, the government, and non-governmental organizations to ensure optimal protection for trafficking victims. The research identifies several challenges in the implementation of legal protection, such as limited human resources and inadequate facilities, lack of public legal awareness, and judicial processes that are often slow and unresponsive to victims’ needs. Another major obstacle is the lack of access to legal aid and recovery services, which are crucial for supporting victims’ reintegration and fulfillment of their human rights. This paper seeks to provide a clearer understanding of the current conditions regarding legal protection for human trafficking victims in Indonesia and to formulate recommendations for more effective and integrated policy improvements. Enhancing legal frameworks and improving inter-agency coordination are essential steps toward ensuring victims receive justice and the protection they are entitled to under human rights principles.

This research examines in-depth legal protection against cybercrime in Indonesia, with a specific focus on ransomware attacks. It also evaluates the 2025 Draft Cyber Security and Resilience Law (RUU KKS) as a measure to strengthen the national cyber defense system. The increase in ransomware cases targeting personal data, public institutions, and vital infrastructure has posed a serious threat to information security and national stability. Although the 2008 Electronic Information and Transactions Law (UU ITE) and the 2022 Personal Data Protection Law (UU PDP) serve as the legal basis, these two regulations do not yet specifically and comprehensively regulate ransomware. This results in challenges in law enforcement and victim protection, both in technical aspects, coordination, and human rights protection. The research method used is normative legal with a qualitative approach, which includes analysis of primary and secondary legal materials, as well as comparisons with regulations in several countries that have more mature ransomware handling mechanisms. The analysis of the 2025 Cyber Security Bill (RUU KKS) indicates that this draft regulation has the potential to strengthen the authority of cyber authorities, mandate reporting of cyber incidents, and impose stricter sanctions on perpetrators. However, implementing this policy requires effective cross-agency coordination, transparent oversight, and synergy between the public and private sectors. This study concludes that the 2025 Cyber Security Bill (RUU KKS) represents a strategic step in building a national cybersecurity system that is adaptive, integrated, and responsive to evolving cyber threats. However, its success will depend heavily on improving public digital security literacy, multi-sectoral collaboration, investment in detection and prevention technology, and guaranteeing human rights protection. These findings are expected to provide input for policymakers in formulating comprehensive and sustainable cybersecurity regulations as a bulwark of national defense in the digital era.

The rapid development of information and communication technology has brought significant changes to social, economic, and political life in Indonesia. However, the complex and rapidly changing dynamics of cyberspace present major challenges in statute, personal data protection, disinformation, and cybersecurity. Unfortunately, the existing regulatory framework is still sectoral and has not yet responded holistically to the various digital issues that arise. This fragmented approach often leads to overlapping authorities, inconsistent enforcement, and gaps in addressing emerging cyber threats. Therefore, the establishment of the National Digital Commission is urgently needed as an independent institution tasked with coordinating, formulating, and overseeing digital policies in an integrated and systematic manner. This commission should consist of multidisciplinary experts in law, technology, and public policy, ensuring balanced perspectives in policy formulation. In addition, it should serve as a bridge between the government, the private sector, and civil society to facilitate inclusive and transparent digital governance. The National Digital Commission is expected to ensure cyberspace governance that is responsive to technological developments while maintaining digital resilience. It must also actively promote digital literacy, ethical online behavior, and responsible use of social media platforms to combat hoaxes and hate speech. Furthermore, the commission must strengthen Indonesia’s cybersecurity infrastructure to protect national interests and uphold the rights of its citizens in the digital space. By creating a unified regulatory framework and robust oversight mechanism, Indonesia can build a safer and more democratic digital ecosystem. This effort is essential in reinforcing accountability, defending cybersecurity, advancing democracy, ensuring governance, and safeguarding innovation in the face of rapid digital transformation.

The rise of online loans (commonly known as pinjol) reflects the broader transformation of conventional financial systems into digital platforms, influenced heavily by the rapid development of financial technology (fintech). While online loans offer ease and accessibility, their implementation has raised significant legal concerns—particularly relating to the violation of privacy and the rights of third parties who are not directly involved in the loan agreement. One of the main legal issues occurs during the debt collection process, where third parties—often relatives, colleagues, or acquaintances of debtors—are subjected to intimidation, unlawful dissemination of personal data, and public defamation. These practices are not only unethical but also infringe on the privacy and dignity of uninvolved individuals. This article employs a legal research method using a normative approach. As a normative legal study, it analyzes laws, regulations, and legal literature relevant to the problem. The study finds that current legal regulations do not adequately protect third parties from the harmful practices associated with online loan collections. In response, there is a pressing need for regulatory reform. This includes strengthening personal data protection laws, enhancing supervision mechanisms over fintech companies, and ensuring that legal standards are consistently enforced. Reformulating these regulations will help address the legal vacuum and ensure greater legal certainty and protection for all individuals affected by online loan transactions. Through comprehensive policy changes and stronger enforcement, the negative impact of online loans can be mitigated, safeguarding both borrowers and uninvolved third parties.

Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.

This study explores the legal consequences of bankruptcy on reciprocal agreements made prior to the debtor’s declaration of bankruptcy, as governed by Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. In the event of bankruptcy, control and management of the debtor's assets are transferred to a curator, which can alter the implementation of reciprocal agreements that have not been fully or partially fulfilled. According to Article 36 of Law No. 37/2004, parties who have agreements with the debtor can request confirmation regarding the continuation of the agreement from the curator within a specified period. If the curator decides not to continue, the agreement is terminated, and the other party has the right to claim compensation and will be recognized as a concurrent creditor. This study also examines the legal protection available to the parties involved, as well as the practical implications for legal and business relationships after a bankruptcy decision is made. The findings demonstrate that bankruptcy significantly affects the performance of reciprocal agreements, necessitating adjustments to the rights and obligations of all parties based on the provisions of the Bankruptcy Law. These adjustments are essential to ensuring justice and legal certainty for all parties involved in such agreements, balancing the interests of creditors, debtors, and other stakeholders. Ultimately, the study emphasizes the importance of understanding the legal framework surrounding bankruptcy and its consequences on ongoing contractual relationships, as well as the need for a fair and transparent process in dealing with claims and obligations post-bankruptcy.

Early marriage remains a social issue occurring in various regions, including Golo Kondeng Village, West Manggarai Regency, East Nusa Tenggara Province. This study aims to examine the form of legal protection afforded to the status of children born from early marriages conducted based on local customary law. This research employs a qualitative approach with a case study method, collecting data through in-depth interviews with community leaders, parents, and relevant village authorities. The findings indicate that early marriage practices in Golo Kondeng Village are influenced by several factors, including cultural values, family economic conditions, and the community’s level of education. Although existing laws—such as Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage by establishing the minimum marriage age at 19 for both men and women, and Law Number 35 of 2014 on Child Protection—clearly regulate the legal age for marriage, the reality shows that early marriages continue to occur, often neglecting the fulfillment of children’s rights. The current legal protections are not yet fully effective in securing the legal status of these children, both in terms of civil and social rights. Based on these findings, this study recommends enhancing legal education and outreach to the community regarding marriage laws and children's rights. In addition, the active involvement of traditional leaders and local government is considered essential in addressing the issue of early marriage. It is hoped that through these efforts, children born from early marriages can receive adequate legal protection and have their rights fully fulfilled.

The COVID-19 pandemic has accelerated the vaccination program in Indonesia as an effort to mitigate the health crisis. However, this emergency has also opened up opportunities for the widespread circulation of illegal and counterfeit vaccines, threatening public safety. This article aims to analyze the legal implications of this phenomenon through a normative-empirical approach using case studies. Three main cases are analyzed: the 2016 national counterfeit vaccine case, the 2021 illegal COVID-19 vaccine sales case in North Sumatra, and the falsification of COVID-19 vaccine certificates that occurred between 2021 and 2022. The analysis focuses on identifying legal loopholes, weaknesses in the oversight system, and their consequences for human rights protection and the integrity of public health programs. The results show fragmented oversight of vaccine distribution, weak transparency in the vaccine supply chain, and legal sanctions that have not provided a significant deterrent effect on perpetrators of health crimes. These conditions not only threaten individual safety but also undermine public trust in the national vaccination program. Inconsistent law enforcement and weak inter-agency coordination have exacerbated the situation. Therefore, efforts are needed to strengthen stricter regulations, increase synergy between supervisory and law enforcement agencies, and secure an integrated and transparent health information system. These measures are expected to ensure the security of vaccine distribution and enhance the accountability of the vaccination program in Indonesia, thus optimally protecting the public's right to health.

The family is an essential social unit that contributes significantly to the protection of children's rights and welfare. In the context of Indonesian law, the legal status of children born out of wedlock was severely limited before the Constitutional Court Decision No. 46/PUU-VIII/2010. This study aims to examine changes in the legal status of out-of-wedlock children and their implications for custody after the decision. This research uses a qualitative method with a literature research approach, through the analysis of primary and secondary legal materials, such as Constitutional Court decisions, scientific literature, legal journals, and relevant laws and regulations. Prior to the Constitutional Court's ruling, children born out of wedlock were only recognized as having a civil relationship with their mother and mother's family, which had an impact on limited children's access to legal identity, custody, and inheritance. However, the Constitutional Court Decision No. 46/PUU-VIII/2010 opens up the opportunity to recognize the legal relationship between an out-of-wedlock child and his biological father, as long as it can be scientifically proven (through DNA tests) and legally. This change strengthens the position of children in obtaining custody (alimentasi), including the right to maintenance, protection, education, and financial support from the biological father. This ruling reflects significant progress in the protection of children's rights and the application of the principle of non-discrimination in Indonesian family law. Nevertheless, implementation in the field still faces challenges, both administratively, such as the convoluted recognition process, and socially, especially the stigma against children out of wedlock. Other challenges include low public legal literacy, limited access to scientific proof institutions, and the non-optimal role of the state in guaranteeing the rights of children born out of wedlock.

The development of digital technology has had a significant impact on people's lives, including the protection of citizens' privacy rights. One key issue that has emerged is the management and protection of personal data, which is increasingly vulnerable to misuse. This study aims to examine and compare the personal data protection provisions stipulated in the 2024 Electronic Information and Transactions Law (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research method used is a normative approach with comparative study techniques. The study focuses on the legal substance, scope of data protection, and institutional roles in implementing both regulations. The analysis shows that the ITE Law remains general in nature, lacking specific detailed regulations governing personal data protection mechanisms. Meanwhile, the PDP Law presents a more systematic and comprehensive specific regulation, referencing international principles such as the General Data Protection Regulation (GDPR) in the European Union. However, several implementation challenges exist, including overlapping authority between institutions, inconsistencies in legal norms, and limited adequate legal infrastructure. This situation has the potential to create regulatory dualism and complicate the law enforcement process. Therefore, steps are needed to harmonize the ITE Law and the PDP Law, strengthen the capacity of institutions responsible for data protection, and increase the digital literacy of the public so that citizens' digital rights can be optimally protected in the digital era.

The presumption of innocence is a fundamental principle in the criminal justice system that serves to protect the rights of the accused from the risk of unfair punishment. This principle states that a person is presumed innocent until proven legally and convincingly guilty of committing a crime before a court. This research uses an empirical juridical method, namely a legal approach that examines how positive law, especially unwritten law, is applied in society. In this context, the research highlights the implementation of the presumption of innocence in criminal justice practices in Indonesia. The application of the presumption of innocence is very important for the judicial process to run fairly, directed, and achieve the main objectives of criminal justice, namely upholding justice, legal certainty, and legal order. The relationship between this principle and human rights is very close, because with this principle, suspects and defendants are guaranteed to obtain legal protection during the legal process. Rights such as not being treated as guilty before a court decision, the right to defense, and the right to humane treatment are part of this principle. Enforcing the presumption of innocence is not only the responsibility of law enforcement officers such as the police, prosecutors, and judges, but also all elements of society. Therefore, it is crucial for every citizen to understand and respect this principle in their social lives, especially in responding to ongoing legal cases. As a concrete implementation, law enforcement must implement policies that protect the public and maintain a sense of security, for example by increasing surveillance in crime-prone areas. This way, the law can be enforced fairly, and public trust in the criminal justice system will increase. The presumption of innocence is a crucial foundation for the creation of humane and fair trials in Indonesia.

This study aims to analyze the implementation of the principle of public interest in the implementation of public services by the Population and Civil Registration Office (Disdukcapil) of Bekasi Regency, as well as to evaluate the extent to which the implementation of these principles contributes to efforts to realize people's welfare. The principle of public interest is one of the basic principles in the implementation of public services that emphasizes the fulfillment of basic rights of the community in a fair, fast, equitable, and accountable manner. This research uses a qualitative approach with a case study method, where data is collected through in-depth interviews, direct observations in the field, and documentation studies on various policies and service reports. The results of the study show that the Bekasi Regency Disdukcapil has adopted various innovations in services, such as online services, digital queue systems, the use of information technology-based applications, and increasing the transparency of service information through social media and official websites. These steps are taken to improve accessibility, efficiency, effectiveness, and community satisfaction as service recipients. However, the implementation of the principle of public interest still faces several obstacles, such as limited competent human resources (HR), uneven information technology infrastructure, and low digital literacy among certain communities, especially the elderly and people in suburban areas. This condition results in the suboptimal public service oriented to the public interest to the maximum. Therefore, continuous efforts are needed through increasing the capacity of the apparatus, the development of inclusive and adaptive public service technology, and massive education to the public to increase participation, understanding, and awareness of the available services. Thus, the public services that are carried out can really contribute to realizing the welfare of the people as a whole, equitable, and just.

Voter education is an important instrument in realizing a quality and sustainable democracy. Through the process of voter education socialization, it is hoped that the public can understand in depth their rights and obligations in the implementation of elections, as well as encourage active and responsible participation in the democratic process. Citizen participation in democratic social life must be based on adequate knowledge, critical reflection, and awareness of the rights and responsibilities as voters. A good understanding of the effectiveness of voter education socialization can shape a critical, rational, and independent attitude in exercising the right to vote, thereby strengthening the foundations of a clean and integrity-based democracy. This community service was carried out in the Selogiri District, Wonogiri Regency, with the aim of providing political education to the public regarding the importance of participation in the 2024 simultaneous regional head elections. Through a Participatory Action Research (PAR) approach, the community was actively involved as subjects in the activity process, not just as objects receiving information. Community service activities are carried out by integrating outreach into various village events, aimed at attracting residents to attend, interact, and directly discuss local political issues and forms of participation in the regional elections. Through these activities, it is hoped that the community will have a more comprehensive understanding of the importance of their role in determining the direction of regional policy through the regional elections. This education is also expected to raise awareness to vote based on conscience, without intervention or negative influences such as money politics, which has been a major challenge in every election at both the central and regional levels.

This study analyzes the health financing system in Indonesia from a human rights perspective, particularly after the enactment of Law No. 17 of 2023 concerning Health and Minister of Health Regulation No. 18 of 2022 concerning the Implementation of One Data in the Health Sector. These two regulations reflect the state's commitment to strengthening the national health system based on the principles of justice, transparency, and the fulfillment of citizens' constitutional rights to quality, equitable, and sustainable health services. Through a qualitative approach using document analysis of relevant regulations, policies, and academic literature, this study identifies a paradigmatic transformation in health financing, from merely a fiscal mechanism to a strategic instrument for guaranteeing human rights in the health sector. The results show that despite normative and institutional progress, the implementation of the health financing system still faces several challenges. These challenges include aspects of the community's economic accessibility to health services, limitations in transparency and accountability in fund management, and inequality in the distribution of financial resources between regions. In addition, funding sustainability and dependence on certain funding sources are also issues that need to be addressed. In response to these challenges, this study recommends three main strategies: (1) strengthening the integration and interoperability of financing data through the One Health Data system, (2) diversifying funding sources by involving the private sector, philanthropy, and other innovative schemes, and (3) reorienting health budget allocations to favor vulnerable groups and underdeveloped regions. These efforts are expected to encourage the realization of a fair, transparent, and sustainable health financing system within the framework of fulfilling human rights in Indonesia.

Divorce has a significant impact on a child's psychological and social development, particularly in the aspect of determining custody rights, which should prioritize the principle of the child's best interests. This study aims to analyze the balance between Islamic legal norms as stipulated in the Compilation of Islamic Law (KHI) and positive law in Indonesia, in cases where children under the age of 12 express a desire to live with their father after the divorce. The research approach used is a juridical-normative with a qualitative analysis method that focuses on a literature review of laws and regulations such as the KHI, the Marriage Law, the Child Protection Law, and the Convention on the Rights of the Child, as well as relevant legal and jurisprudential literature. The results of the study indicate that although normatively the KHI prioritizes the mother as the caregiver of children under 12 years old, there is room for flexibility that allows the court to consider the child's wishes if it better ensures the child's welfare and safety. This approach is supported by the principle of maslahah mursalah in Islamic law, which allows adjustments for the benefit of the child. The main challenges in its implementation include the minimal involvement of professionals such as child psychologists in the evaluation process, the existence of gender stereotypes that influence judges' decisions, and emotional conflicts between parents that often override the interests of the child. Therefore, this study recommends that judicial institutions actively involve psychologists and mediators in custody proceedings, improve training for judges in understanding the psychosocial dynamics of children, and update legal guidelines so that children's wishes can be assessed objectively. Furthermore, education to the wider public about the importance of gender non-discrimination in child care is also needed so that custody decisions truly reflect the principles of comprehensive child protection and welfare.