Inp.polri.go.id - Jakarta.  The Indonesian Constitutional Court (MK) ruled  on Thursday (26/9/2024) that parents who forcibly take away their children without the legal right or permission can be prosecuted under Article 330 paragraph (1) of the Criminal Code.. 

The ruling came in response to a petition filed by five mothers who had been denied custody of their children by their ex-husbands. The mothers argued that the law's ambiguity had allowed their former partners to abduct their children without facing legal consequences.

In its decision, the MK rejected the petitioners' claim that the law needed to be amended. The Court clarified that the phrase "barang siapa" (anyone) in Article 330 paragraph (1) includes biological parents who take their children without legal custody.

Constitutional Justice Arief Hidayat, who delivered the Court's ruling, emphasized the importance of upholding court-ordered custody arrangements. 

"This decision sends a clear message that child custody matters should be resolved through legal channels and that any attempt to bypass the law will be met with serious consequences," he said, as quoted by antaranews.com.

The  landmark ruling could have a significant impact on child custody disputes in the country. 

(mg/inp/pr/nm)