Keeping custody and enforcement of it.

Archiebld

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Does anyone have experience or at least stories on the following?

After child custody is awarded to a parent here in Indonesia can the other parent later on try to challenge it again? I am reading that custody is not final and can be challenged if circumstances change.

Next question.

It seems that that child custody laws here are still very weak and after custody is awarded its still hard to enforce.

If there is a breach or constant breach in it who would be spoken to about enforcing it as it seems the police from my reading are reluctant to even bother in something like that?

Feed back much appreciated
 

jstar

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In fact the laws are rather strict; the responsibility of the parents towards the children is also described quite well. If I see the situation of some live-out staff, where the child always was assigned to the mother, the real upbringing is -partly- done by kakek/opa and nenek/oma. Some (children) even went back to their kampung because of the divorce. Even when the mother got involved in a new relationship, I did not see a change in custody. In a more higher level of society, I saw less involvement of the grandparents, just because the ex provided a nanny. The parent never gave up the child.

I did see my share of 'non payers' though. In reality these are almost always men and the mothers are left to their own devices. I do think it often has a lot to do with simply not being able to provide for their kids though. That's also a bit of a result of putting it very black&white (i.e. the woman gets custody and the man has to provide for the children).
 

Archiebld

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Thanks for your reply. Jstar

What I am trying to understand though is....

If I was to lose custody of my child...and the mother was still not around and wanted the child to live with me but then some crazy events took place... let’s say she was a lesbian and evidence was made available to prove it and that she has lesbian lovers which would cause a bad influence on my child and I prevented her from seeing the child who would come knocking on my door to enforce it? Or would there be a way in future to raise this new evidence to a court to show she is unstable even after her winning a custody case?
 

gemima

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Thanks for your reply. Jstar

What I am trying to understand though is....

If I was to lose custody of my child...and the mother was still not around and wanted the child to live with me but then some crazy events took place... let’s say she was a lesbian and evidence was made available to prove it and that she has lesbian lovers which would cause a bad influence on my child and I prevented her from seeing the child who would come knocking on my door to enforce it? Or would there be a way in future to raise this new evidence to a court to show she is unstable even after her winning a custody case?
In Indonesia it is not a criminal offense to be a lesbian so I would hope you couldn't use this scenario in a court case. Being a lesbian and having "lovers" is no different from a mother dating men. I'm not answering your question but I surely hope this is a made up "crazy" scenario and not the actual scenario.
 

dafluff

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Let me preface my answer by saying that I don't believe just having a same sex partner constitutes endangering the child.

However, if the child is in actual danger, then one avenue is to report to the Komisi Perlindungan Anak: http://www.kpai.go.id/
 

Archiebld

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Thank you for your reposonses.

My concern is that my daughter has witnessed just more than 2 women being together. She has seen the intimacy and kissing.

I am concerned that my daughter will believe growing up that this is normal and then she could go that way herself.

I want her to have as normal a life as she possibly can.
 

El_Goretto

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Well, this is the Law section on the forum where we discuss law.

If your question is about custody rules and whether homosexuality or bisexuality is legal in Indonesia, we can discuss this here. As already pointed out, having a same sex partner is not illegal in Indonesia unlike what the whole LGBT moral panic craze would have you believe.

As for a debate on whether having a same sex partner is "normal" or not, that will have to be its own thread outside of the law section.
 

centurion

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Homosexuality is not illegal but it is "immoral" in Indonesia and is classified as a mental disorder from recently.
 

jstar

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It is illegal in Aceh and Palembang. And while it's not in sé illegal in the rest of the country, nowadays the Pornography Law is used by the police and neighborhood guards to crack down on LGBT (and privately organized) activities. But also things like revenge porn can be nefast for the victim.

The keyword in that law is Pornoaksi. Which is just a made up word and can mean anything, from vulgar to pornographic, from immoral to depraved. This is a good example of the way this country has been going the last decade. Prabowo's son is smart.
 

jukung11

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I think you may have issues with introducing your evidence of this also. Most Indonesians I know are pretty discreet in same sex relationships. Also cultural norms regarding same gender interaction, even cohabitation, are interpreted pretty differently. Can you describe the intimacy in greater detail?
 

waarmstrong

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Rejection tends to instruct one's views, even to the level of provoking vengeful, mean-spirited behavior, the spectacle of which would most certainly damage children caught in its riptide.
 

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