Rekonstruksi Penanganan Konflik Pengasuhan Anak dalam Proses Pidana Ditinjau dari Perspektif Hukum dan Kepentingan Terbaik bagi Anak

Abstract

Conflict between spouses frequently creates child-care disputes that place children in vulnerable circumstances. Disagreements concerning financial support, violence, custody orders, and access to children may result in criminal complaints against one parent. Law enforcement authorities must distinguish family-law disputes from conduct satisfying the elements of a criminal offence without disregarding the best interests of the child. This study examines the boundaries of parental criminal liability in custody conflicts and proposes a child-centred model for handling such cases. It employs normative legal research through statutory, conceptual, and case-law approaches. The analysis considers Islamic law, Indonesian marriage law, child protection legislation, the Criminal Code, the Convention on the Rights of the Child, and relevant judicial decisions. The findings indicate that biological parenthood does not automatically exclude criminal liability, while custody conflict does not, by itself, establish a criminal offence. Custody orders, parental obligations, child safety, culpability, and concrete evidence must be examined comprehensively. The article proposes an integrated approach that separates child-risk assessment from criminal-liability assessment, strengthens inter-agency coordination, and treats the best interests of the child as both a substantive and procedural principle in law enforcement.