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Firman Syah Permadi; M. Taufik; Sri Sukmana Damayanti

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the criminal liability of perpetrators of fraud through bounced checks and the legal protection provided to victims. The study focuses on Decision Number 1698/Pid.B/2022/PN Sby, in which the defendant was found guilty of fraud under Article 378 of the Indonesian Criminal Code (KUHP). Using a normative juridical approach through literature study with statutory and conceptual approaches, the findings demonstrate that the panel of judges correctly applied the elements of fraud, including malicious intent (mens rea), the use of deception or a series of lies, and actual loss suffered by the victim. The judge's legal considerations have reflected the principles of legality, justice, and legal certainty in criminal law. Legal protection for victims can be pursued through both criminal and civil legal remedies, where victims may report to police for criminal prosecution under Article 378 KUHP and claim compensation through civil breach of contract lawsuits. Law enforcement against perpetrators is carried out through repressive and preventive criminal sanctions. This decision confirms that bounced check fraud is not merely a civil breach of contract but can be classified as a criminal offense when accompanied by malicious intent to deceive others.

Moch Rafi Khadafi; Dudik Djaja Sidarta; Renda Anggraeni

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The phenomenon of marriages between Indonesian citizens (WNI) and refugees represents a complex legal challenge due to the absence of specific regulations governing such relationships. This study examines the legal protection for Indonesian citizens who become victims of manipulative marriages by refugees, employing a normative juridical approach with statutory and conceptual methods. The research analyses primary legal materials, including the 1945 Constitution, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, and Presidential Regulation Number 125 of 2016 concerning the Handling of Refugees from Abroad. The findings reveal that Indonesian national law does not specifically regulate marriages between Indonesian citizens and refugees or asylum seekers, creating a significant legal vacuum (rechtsvacuum) that renders such relationships vulnerable to abuse, violence, and legal uncertainty. Furthermore, the state's responsibility in protecting Indonesian citizen victims of manipulative marriages by refugees has not been optimally implemented, despite constitutional and juridical foundations requiring protection from all forms of violence, discrimination, and exploitation. The study recommends the formulation of specific regulations addressing marriages between Indonesian citizens and refugees, strengthening the role of victim protection institutions, and establishing inter-agency coordination systems, including international organisations such as UNHCR and IOM, to prevent abuse and strengthen law enforcement mechanisms.

Endang Yulianingsih; Sri Astutik; Noenik Soekorini

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyse the role of the Department of Manpower in providing protection to former Indonesian Migrant Workers (PMI) returning from abroad and to identify the challenges encountered in performing this function. This research employs a normative juridical approach using secondary data sources, including statutory regulations, scientific journals, and institutional reports from 2020 to 2025. The findings reveal that the Department of Manpower plays several key roles, including providing information and education, coordinating with related agencies, offering legal assistance, supporting social and economic reintegration, and monitoring non-procedural placements. These roles are firmly grounded in Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Government Regulation Number 59 of 2021. However, implementation remains constrained by inaccurate data, limited human resources and budget, weak institutional coordination, and suboptimal legal complaint services. Despite these challenges, efforts have been made through strengthening integrated services, staff training, public education, and the use of information technology. This study concludes that the protection of former migrant workers requires a holistic, participatory, and sustainable approach to ensure the fulfilment of their rights as mandated by law.

Chintia Permatasari; Noenik Soekorini; Vieta Imelda Cornelis

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The right to health is a fundamental human right that remains inherent to prisoners. This study aims to examine the legal protection of prisoners' right to health care as regulated in Law Number 22 of 2022 on Corrections, as well as its implementation in correctional institutions. The research uses a normative juridical method with statutory and conceptual approaches. The findings show that Law Number 22 of 2022 formally guarantees prisoners' access to health services, including mental health care and special protection for vulnerable groups such as women, the elderly, and persons with disabilities. Key provisions in Articles 10, 11, 12, and 14 establish the state's obligation to provide adequate health services equivalent to community standards. However, in practice, the realization of this right faces several obstacles including: (1) overcapacity of correctional facilities exceeding 180% of ideal capacity, (2) limited medical personnel with many institutions lacking permanent doctors, (3) inadequate health facilities and medicine supplies, (4) complicated referral procedures causing delays in emergency treatment, and (5) insufficient budget allocation. Strengthening technical regulations, improving infrastructure, enhancing cross-sectoral collaboration, and implementing effective oversight mechanisms are essential to ensure effective protection of prisoners' health rights as mandated by the constitution and international human rights standards.

Jonathan Immanuel Panjaitan; Jonathan Edward Siahaan; Frans Max Valentino Sianturi

Deposisi: Jurnal Publikasi Ilmu Hukum 2026 International Forum of Researchers and Lecturers

This journal analyzes sexual violence by educators against students by analyzing Supreme Court Decision No. 5642 K/Pid.Sus/2022 using normative legal research methods. The primary focus of this research is the abuse of power relations by perpetrators holding positions of authority, as well as the legal protections afforded to child victims. Furthermore, this paper compares the provisions on sexual violence in the Child Protection Law and the Sexual Violence Criminal Law (UU TPKS). The findings indicate that courts impose harsher sentences on perpetrators who abuse their trust as educators and place victims at the center of the legal process, ensuring guarantees of recovery, psychological rehabilitation, restitution, and the right to education. The judges' approach in the ruling also reflects the spirit and principles of victim protection as outlined in the TPKS Law, including recognition of power dynamics, psychological pressure, and the importance of a victim-centered perspective. The TPKS Law expands the scope of sexual violence beyond physical aspects to include psychological and structural dimensions, which were previously not clearly regulated in other laws.  Therefore, this paper emphasizes the importance of harmonizing the two laws to create a more just, progressive, and victim-centered legal system, especially for children in educational settings. This research is expected to contribute to strengthening a more comprehensive and child-oriented legal approach.

Aguk Nugroho; Vivin Astharyna Harysart; Armaya Mangkunegara; Marwan Marwan; Achmad Wildan Dimyati +2 more

Jurnal Pengabdian Kepada Masyarakat 2026 Pusat Riset dan Inovasi Nasional

The rapid development of information technology has increased the use of online lending services, including illegal platforms that impose excessive interest rates, misuse personal data, and employ intimidating debt collection practices. Limited legal and digital literacy has made communities more vulnerable to these risks. This Community Service Program aims to enhance the understanding of residents in Kradenan Village, Tuban Regency regarding the characteristics of illegal online loans, their social, economic, and psychological impacts, and the relevant legal protections under regulations such as the Electronic Information and Transactions Law, the Personal Data Protection Law, and OJK Regulation No. 77/2016. Through participatory legal education and interactive discussions, the program achieved full participation and improved participants’ knowledge by up to 75%. Residents became more capable of identifying illegal loan applications, recognizing data misuse risks, and understanding preventive measures and available legal remedies. This program effectively increased public awareness to use digital financial services more responsibly and avoid the dangers of illegal online lending.

Alfiana Yustia; Ahmad Sidiq; Dicko Syah Purnama Putra; Muhammad Ersya Faraby; Hawa Gazani

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study discusses the effectiveness of Indonesia's halal certification system in supporting international standards and increasing global consumer satisfaction. The study uses a descriptive qualitative method with a case study approach to analyze the implementation of the national halal certification system. The results show that the halal certification system has strengthened legal protection and consumer confidence in halal products through synergy between BPJPH, MUI, and LPH. However, there are still challenges in harmonizing halal standards between countries and increasing the recognition of Indonesian certification at the global level. The digitization of the certification process and integration with international standards are considered important to accelerate services and enhance the credibility of the national system. This study recommends strengthening collaboration among stakeholders, international halal diplomacy, and technology-based system innovation so that Indonesia can compete globally and play a role as a world halal certification center

Muhammad Rio Rinaldi; Fitriyana Fitriyana

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aimed to analyze the implementation of policies prohibiting illegal fishing practices involving the use of explosives, poisons, and electric shock devices in Sanga-Sanga District, Kutai Kartanegara Regency. Although regulations and extension activities related to the prohibition have been established, illegal fishing practices continue to occur as of 2025. The findings reveal that some fishermen still use poison and electric shock due to economic reasons and the perception that these methods yield greater catches. However, such actions cause losses to other fishermen by reducing the quality of the catch and damaging the aquatic ecosystem. The community is aware of these violations but is reluctant to report them due to fear of threats from the perpetrators. Efforts by fisheries extension officers to establish community-based surveillance groups (Pokmaswas) have not been optimal due to low public participation. Collaboration between provincial fisheries supervisors and the local marine police (Polairud) has resulted in joint patrols that successfully apprehended two perpetrators of illegal fishing, yet law enforcement has not produced a deterrent effect. Moreover, the program to replace destructive fishing gear with environmentally friendly alternatives for fishermen willing to transition has not been realized due to budget constraints. Based on these findings, it is necessary to strengthen integrated surveillance, provide legal protection for whistleblowers, accelerate the implementation of sustainable fishing gear programs, and enhance public awareness of legal and ecological issues.

Sarndika Sarndika; Wa Ode Siti Safiyah; Fitriyana Fitriyana

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the perceptions of students from various majors regarding the urgency of legal protection for the Napoleon wrasse (Cheilinus undulatus), a rare and endangered marine species that plays a crucial role in maintaining the balance of coral reef ecosystems. This fish faces serious pressure due to overexploitation and illegal trade, thus requiring special attention from a legal and conservation perspective. This study used a qualitative descriptive approach with purposive sampling technique, involving students from marine, fisheries, environmental, and legal departments. Primary data were collected through a questionnaire designed to elicit respondents' insights, level of understanding, and recommendations regarding the protection of this species. The data obtained were then analyzed using thematic analysis to identify patterns of perception and key ideas. The results showed that the majority of students considered legal protection for the Napoleon wrasse to be very urgent. They advocated for strengthening regulations, stricter law enforcement, increased surveillance in water areas, education for coastal communities, development of conservation and cultivation programs, and strengthening international cooperation. The implications of this study emphasize the importance of a comprehensive and collaborative protection strategy to support the sustainability of marine resources.

Adalia Samaira Nanrimansyah; Iman Ahmad Gymnastiar

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Gender inequality in terms of safety in public spaces is a crucial issue in Indonesia. This research background is driven by the high rate of violence against women, reaching 330,079 cases in 2024, and reinforced by a patriarchal culture that perpetuates gender hierarchy. This study uses a qualitative method with a literature study approach to analyze the root causes and impacts of gender inequality on women's sense of security in public spaces. The results indicate that the disparity manifests in various dimensions, such as women-unfriendly urban infrastructure (e.g., inadequate lighting), security threats in urban areas, and the high rate of gender-based violence where 80.1% of the victims are women. The discussion reveals that this inequality impacts not only physical safety but also psychological well-being, economic security, and access to public spaces. This research concludes that a multidimensional approach encompassing infrastructure improvement, strengthening legal protection, changing social norms, and economic empowerment is required to create an inclusive, equitable, and safe public environment for all genders.

Defana Tri Rakhiish Dani; M. Fahmi Fahruddin; M. Rizki Prasertyo; Abdul Roja

Hikmah : Jurnal Studi Pendidikan Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Every individual possesses both rights and obligations that must be understood and exercised in a balanced manner to maintain social order, justice, and collective well-being. A clear understanding of citizens’ responsibilities is essential for creating a prosperous and harmonious society. This study examines the rights and obligations of citizens as stipulated in the 1945 Constitution of the Republic of Indonesia, with a primary focus on exploring how the Constitution guarantees, regulates, and implements these fundamental principles in national life. The research employs a qualitative method with a descriptive-analytical approach. Data were collected through desk research, analysis of constitutional provisions, examination of relevant legal documents, and review of related academic literature. The findings indicate that the 1945 Constitution provides strong protection for fundamental human rights, including the rights to education, health services, employment, legal protection, and freedom of expression. At the same time, the Constitution clearly outlines citizens’ obligations, such as obeying the law, paying taxes, respecting the rights of others, participating in national defense, and contributing to social harmony. The study emphasizes that rights and obligations are interconnected and must be carried out proportionally. Understanding and applying these constitutional principles is crucial for strengthening democratic governance, enhancing legal awareness, and fostering a just, orderly, and sovereign nation.

Eviona Elshadai Margareth Hutapea; Trissa Lihayati Nur Laila

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Physical violence against journalists remains a serious threat that hinders the functioning of democracy in Indonesia. Law Number 40 of 1999 concerning the Press explicitly guarantees legal protection for journalists through Articles 8 and 9, which emphasize freedom from censorship and the right to seek and disseminate information. However, criminal law enforcement against perpetrators of physical violence has not been optimal, leading to a culture of impunity. This study uses a normative juridical approach by analyzing the Press Law regulations, the provisions of the Criminal Code on assault (Articles 351-355), as well as the theoretical basis of Satjipto Rahardjo's preventive-repressive legal protection and Moeljatno's law enforcement principles. The results of the study indicate a significant gap between strong legal norms and weak enforcement practices,  characterized by the dominance of mediation by the Press Council and a culture of impunity for perpetrators, often involving state apparatus. According to AJI reports from 2020-2025, there have been 84 to 89 cases annually, with only 15-20% processed criminally. The main obstacles include a lack of coordination between institutions, minimal awareness of law enforcement officials, victims' reluctance to report due to social pressure and fear of reprisals, and institutional solidarity among perpetrators. This impunity not only traumatizes journalists but also induces self-censorship, reduces investigative journalism quality, and weakens democratic checks and balances. Recommendations include revising the Press Law for stricter sanctions, enhancing law enforcement training, and establishing independent investigation teams under Komnas HAM to combat impunity effectively. 

Izzatul Mula; Auliya Ristiani; Abdulrahman Ratuloly; Firza Agung Prakoso

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the transformation of Fixed-Term Employment Agreements (PKWT) in East Java within the context of Indonesia's flexible economy era, particularly following the enactment of the Job Creation Law (UU Cipta Kerja No. 6/2023). The research analyzes the legal protection challenges faced by contract and outsourcing workers in East Java Province from 2020–2025. Using a normative juridical approach combined with empirical data from the Central Statistics Agency (BPS) and the Ministry of Manpower, this study reveals that despite regulatory improvements, significant gaps remain in the implementation of labor protection. Key findings indicate that contract workers in East Java, estimated at 59.17% of the informal workforce in 2024, face uncertainties regarding contract duration, compensation rights, and social security. The study recommends strengthening supervision mechanisms, clarifying regulations on gig economy workers, and enhancing bipartite negotiation processes to ensure balanced protection between business flexibility and workers' fundamental rights, while also promoting legal certainty and sustainable employment relations in the regional labor market.

Siti Risdatul Ummah

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Paid online matchmaking services that have developed through Facebook use consumer profiles to promote and find partners. This practice raises legal issues, particularly those related to consumer protection and the risk of digital harassment—also known as cyberbullying—in the form of derogatory, discriminatory, or offensive comments about consumers' personal standards that are displayed publicly. The purpose of this study is to assess the legal liability of business actors for cyberbullying when operating online matchmaking services and to assess the extent to which legal protection tools are available to consumers. This study uses a normative legal approach, utilizing case studies of legislation and conceptual studies on the practice of paid matchmaking services on social media. The results of the study show that businesses are required to guarantee the safety, comfort, and protection of consumer rights in all digital-based commercial activities, including managing content and interacting with people on social media. Non-material losses, such as psychological pressure and abuse of consumer dignity, are caused by a lack of supervision and a lack of moderate comment mechanisms. Therefore, regulations on personal data protection must be strengthened, content moderation responsibilities must be determined, and legal accountability mechanisms for business actors in the digital ta'aruf business must be made clear.

Inna Noor Inayati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Medical emergency services demand swift and precise action; however, medical personnel are often hindered by the risk of criminalization resulting from unintended outcomes. Although Law Number 17 of 2023 concerning Health mandates the provision of assistance, the regulation has not yet provided explicit criminal protection for good-faith rescuers, thereby triggering the practice of defensive medicine. This study aims to examine the implementation of the Good Samaritan Law (GSL) concept as an alternative legal protection for health workers. The research methods employed are juridical-normative and juridical-empirical, utilizing statutory, comparative, and case approaches. The findings indicate that current regulations, including Article 531 of the Criminal Code (KUHP) and Law No. 17/2023, have limitations as they emphasize the obligation to assist rather than the protection of the rescuer. In comparison, the international GSL concept offers a standard of "limited immunity," which explicitly protects rescuers from civil and criminal liability, provided the actions are performed without gross negligence. The impact of implementing GSL in Indonesia is projected to provide stronger legal certainty than existing regulations, reduce the psychological burden on medical personnel in emergency situations, and encourage social solidarity without the fear of unnecessary lawsuits. The study concludes that the adoption of GSL is an urgent legal reconstruction to ensure the professional protection of health workers in Indonesia.

Mielda Khasanah; M. Sudirman; Mardi Candra

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

In social life, buying and selling are fundamental mechanisms for transferring rights, beginning with an agreement. According to Articles 1313 and 1338 of the Indonesian Civil Code, agreements are legally binding acts with the force of law for the parties involved. One high-value transaction is the sale and purchase of apartment units, which involves developers as sellers. In practice, developers often fail to deliver units within the agreed timeframe. This study examines (1) the developer’s responsibility toward buyers when units are not delivered and (2) the legal protection available for buyers under such circumstances. The research applies Hans Kelsen’s Theory of Responsibility and Satjipto Rahardjo’s Theory of Legal Protection, using a normative juridical method based on library research. Primary, secondary, and tertiary legal materials were analyzed through statutory, conceptual, analytical, and case approaches, employing grammatical and systematic interpretation, legal analogy, and legal refinement. Findings reveal that developers are primarily responsible for delivering fully paid units. Failure to fulfill this obligation, due to breach of contract or negligence, triggers legal liability in the form of performance or compensation. Legal protection for buyers ensures their rights are safeguarded, and even in cases of developer negligence or bankruptcy, consumers are legally entitled to receive the apartment units they have purchased.

Indira Dolita Yulius; Muhammad Farid; Fristia Berdian Tamza

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law Number 35 of 2014 on Child Protection plays a strategic role in providing legal protection for children who are victims of violence, bpth physical and psychological. The enactment of this regulation represents the state’s response to the increasing number of violence cases againts children, which necessitate a more comprehensive and child-oriented legal protection system. This law strengthens legal instruments through the recognition and protection of children’s rights, the imposition of criminal sanctions againts perpetators of violence, and th provision of recovery mechanisms for child victims. However, in practice, the implementation of the Child Protection Law continues to face various challenges, including weak law enforment, limited protection fasilities and infrastructure, and inadequate coordination among relevant institutions. These obstacles have resulted in the suboptimal realization of legal protection for child victims of violence. Therefore, the effectiveness of Child Protection Law largely depends on the responsiveness and commitment of law enforcement officials, as wekk as the synergy between the government, society, and families. Through such collaboration, optimal and sustainable child protection can be achieved.

Hari Kusuma Yuda Tama; Waluyo Waluyo

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Historically, water resource management in Indonesia has faced significant complexities, often dominated by commercialization and investment-oriented policies that threaten the fundamental rights of farmers. The Constitutional Court’s decision to annul the previous Water Resources Law marks a crucial turning point, demanding a comprehensive policy reformulation. This entails a shift from a market-based paradigm to one grounded in human rights and social welfare, reaffirming state sovereignty over water for the prosperity of the people. The urgency of this reformulation is compounded by the imminent threat of climate change, which introduces high uncertainty into the hydrological cycle—manifesting as extreme droughts and floods—thereby directly impacting the agricultural sector. This research aims to formulate a climate-adaptive water resource management policy that secures the priority rights of farmers. Employing a Normative Legal Research Method with Statutory and Conceptual Approaches, the findings present a new, holistic legal and institu-tional framework. This framework centers on two pillars: first, the firm assertion and absolute legal protection of irrigation water allocation for farmers, even during periods of scarcity; and second, the adoption of a Climate-Adaptive Governance Model. This governance model integrates a unified climate monitoring system, resilient water infrastructure, and the empowerment of Water User Associations (P3A) at the grassroots level to independently respond to shifting climate patterns. This reformulation is essential for achieving water management that is just, sustainable, and effective in maintaining national food security

Rizqi Hidayat Mizan; Rizanizarli Rizanizarli; Sulaiman Sulaiman

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal protection of children as perpetrators of rape within Indonesia’s national legal system and Aceh’s Qanun Jinayat, focusing on the Syar’iyah Court’s decisions that often fail to confirm the fulfillment of children’s rights to education, rehabilitation, and reintegration. Although the principle of the best interests of the child requires comprehensive protection, the absence of clear implementing regulations has created uncertainty. Using a normative juridical method with legislative and case approaches, the research draws on secondary data enriched with primary data and qualitatively analyzed. The findings show that both national law and Qanun Jinayat emphasize child protection based on the best interests principle. National law mandates special procedures such as mentoring, closed hearings, psychological assessments, and diversion, while Qanun Jinayat, through Article 50, stipulates lighter and proportionate uqubat for children. These frameworks complement each other in ensuring education, psychological recovery, and social reintegration. However, several Syar’iyah Court decisions have not explicitly included recovery rights, resulting in ineffective protection and legal uncertainty. The study recommends that the Syar’iyah Court explicitly incorporate children’s rights to education, rehabilitation, and reintegration in its verdicts. Furthermore, the Aceh Government should issue Standard Operating Procedures or Governor’s Regulations to provide a clear legal basis for implementing child uqubat in line with the Juvenile Criminal Justice System.

Fadil Sidik Fatahilah; Prahasti Suyaman

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Divorce often creates new problems, one of which is related to child custody and visitation rights for parents who do not have custody. Prohibiting visitation by the custodial parent not only violates the rights of the non-custodial parent, but also disregards the child's right to receive affection from both parents. The purpose of this study is to examine the types of legal protection available to non-custodial parents who are prohibited from seeing their children. This study uses a normative legal research method with a statutory approach. Data collected from interviews with legal practitioners and parties who have experienced similar problems are included in this study. The results show that prohibiting parents who have custody from meeting their children is against the law and contrary to the principle of the best interests of the child. Parents who do not have custody rights can file a lawsuit to revoke custody rights, as stipulated in SEMA No. 1 January 2017. This study emphasizes the importance of the law in balancing the rights and obligations of parents after divorce for the best interests of the child.