Patent duty to care for their children is stipulated in Article 45 of the Marriage Law : Both parents are obligated to support and educate their children as well as possible.
The obligations of parents as referred to in paragraph (1) of this article continues until the child marries or becomes independent, which obligations remains notwithstanding the dissolution of the marriage between the parents.
“Child” is defined in Article 1 number 1 of Law 35/2014: Someone under the age of 18, including an unborn child .
Child Custody according to the Indonesian Marriage Law (Civil marriage or non Islamic marriage)
The affection of parents for children should not be cut off or hindered (Article 45 paragraph (2) of the Marriage Law) notwithstanding the divorce. However it is necessary to assign formal control of children to one party in order to resolve disputes over children.
In general, custody is granted to the biological mother where the child is under 12 years – Supreme Court Decision Number 102 K/Sip/1973 dated April 24, 1975. It is believed that this will be in the general interest of the child unless it could be shown that the mother is incapable of caring for the child.
Parties may come to mutually agreed arrangement notwithstanding the order of custody.
The father remains responsible for all costs of maintenance and education of the child; and where the father is in fact unable to provide, the Court may direct that the mother share the costs to supporting the child.
There is no concept of joint custody under Indonesian law.
The court may oblige the ex-husband to provide living expenses and/or determine an obligation for the ex-wife .
The issue of child custody is to be decided at the same time when the order for divorce is made. This is unlike division of matrimonial property which is decided separately from the main divorce proceeding – see this page.
CUSTODIAN ARRANGEMENT UNDER ISLAMIC LAW
In the case of Muslims, the KHI (Compilation of Islamic Law) confirms that custody of children under 12 years should be given to the mother.
A child (above 12 years) may choose between the father or mother who is to have custody custodian over the child.