FAMILY LAW

Lecturer:
Dr. Rohimah, S.Pd., M.Pd

Members of Unit 6 :
1. Fakhran Elbani Dahlan (2333001048)
2. Febryan Jevon Marbun (2333001001)
3. Luciana Agatha (2333001010)
4. Novia Dwi Cahyani Syafitri (2333001038)
5. Oki Ridwan Malik (2333001131)

Kelas: A/2023

Universitas
Krisnadwipayana Jakarta
2023
 PREFACE

Praise be expressed to the presence of Allah SWT. Thank you for all His grace so that this
paper can be prepared until it is finished. We do not forget to express our gratitude for the
assistance from those who have contributed by providing both thoughts and materials.

The author really hopes that this paper can increase the knowledge and experience of readers.
In fact, we hope even further that readers can put this paper into practice in their daily lives.

We as authors feel that there are still many shortcomings in preparing this paper due to our
limited knowledge and experience. For this reason, we really hope for constructive criticism
and suggestions from readers for the perfection of this paper.

Jakarta, 21 October 2023

Compiler

i
 Table List of Content
PREFACE...................................................................................................................................i

TABLE LIST OF CONTENT....................................................................................................ii

CHAPTER I INTRODUCTION................................................................................................1

1.1 Background.......................................................................................................................1

1.2 Purpose.............................................................................................................................2

CHAPTER II DISCUSSION.....................................................................................................3

EXERCISES.............................................................................................................................19

PREFERENCES.......................................................................................................................30

ii
 CHAPTER I
INTRODUCTION

1.1 Background
In Indonesia law, there is no such thing as family law. Considering the increasing number of
cases in Indonesia regarding domestic problems, whether is husband violence against his wife
or cruetly of parents towards their own biological children. Because basically they don’t
really understand the principels of family law itself. Family law issues in these cases are the
rights and obligations of husband and wife and the distribution of inheritance. The causes of
legal problems that happened regarding the rights and obligations of husband and wife are
economic problems (10%), lack of education (20% lack of knowledge), poor communication
(25%), and adverse environmental impacts (45%).1 Therefore, in this paper we will discuss
the meaning, sources, principles, and scope as well as right and obligations in a family law.

The term family law comes form the word Familierecht which is translated from Dutch, or
form English law of family. Ali Afandi said that family law is defined as “the entirety of the
provisions goveming legal relations relating to blood and kinship because of marriage”
(Afandi, 1986:93).

This definition covers at least two important aspects, namely legal rules and legal content
(covarage). Legal rules include written family law and unwritten family law. Written family
law is the legal basis that comes from statues, contracts and case law. Family law scholarship
is keenly attuned to the complex context in which these issues are experienced. In practice,
family law disputes are frequently experienced alongside other legal problems, including
issues related to social welfare, immigration and housing, which all become significant once a
relationship or a family breaks down.2

1
Nur Putri Hidayah, Galih Wasis Wicaksono, Legal Knowledge Management System on Family Law
for Society, Jurnal Hukum Novelty, Volume 11, Issue 01, 2020, pp. 68-85
2
Jessica Mant, Teaching Family Law in Neoliberal Times, International Journal of Law in Context,
2022, 18, pp. 416–426

1
1.2 Purpose
1. What is the definition of family law?
2. Where do the sources of family law come from?
3. What are the principles of family law?
4. What does the scope of family law cover?
5. What are the rights and obligations in family law?

2
 CHAPTER II
DISCUSSION

Understanding Family Law

The systematics of the Civil Code is divided into four parts: the first part is about the
individual law (Personenrecht), the second part about family law (Familierecht), the third part
about property law (Vermogensrecht), and the fourth part about inheritance law (Erfrecht).3
The term family law comes from the translation Familierecht (Dutch) or family law (English).
Family law, as discovered by Ali Afandi, is defined as a set of provisions relating to kinship
and marital relations (marriage, parental responsibility, guardianship, guardianship, absence).

According to Ali Afandi, there are two important things regulated by family law in relation to
blood relations and marriage. Kinship is a relationship that exist between several people who
have the same lineage. Meanwhile, kinship is a family bond that results from a marriage
between a person and a blood relative and his wife (husband).

Tahir Mahmud defines family law as legal principles that are explained on the basis of
religious observance, relating to matters that are often believed to have a religious dimension,
according to family regulations, marriage, divorce, family relationship, household
responsibilities, inheritance, dowry, guardianship and etc. Tahir Mahmud’s definition
essentially considers two aspects, namely legal principles and legal scope. Although the
scope of family law research includes family regulations, household respnsibilities,
inheritance, dowry, guardianship and others. If you concerned, this definition is too broad
because it includes inheritance, which is part of property law in BW civil law.

In order not to be confused with ordinary civil law, we must know that family law is not a
law that regulates the relationship between a family and another family, nor is it a law which
regulates legal relations beyond the things that have become part of family law even though
the legal relationship involves the other family members and is still in the same family.4

Unwritten Family Law is the principles of family law that arise, grow and develop in
community life. For example. Knowledge of family law includes marriage, divorce, marital
property, lineage, guardianship and guardianship. From the definition above, it can be

3
Sembiring, R., 2016, Hukum Keluarga: Harta-Harta Benda Dalam Perkawinan,
Universitas Sumatera Utara
4
Kharlie, A. T., 2022, Hukum Keluarga Indonesia, Sinar Grafika

3
concluded that family law is basically the entire legal system, both written and unwritten, which
regulates legal relationships arising from family ties, which include:

- Marriage orders with all marital matters

- Parental authority rules
- Adjusting the child's position
- Realization of Regulations (Guardian)
- Guardianship Rules (voogdij).

Understanding Family Law According to Experts Anorther view on the importance of family
law is as follows:

1. Van Apeldoorn

‘’Family law is the regulation of legal relations arising from family relationships.’’

2. CST Kansil

‘’Family law consists of a collection of legal provisions resulting from the unity of family life.’’

3. R. Subekti

‘’Family law is the law that regulates legal regulates legal relations arising from family
relationships.’’

4. Rahmad Usman

‘’Family law is a provision that regulates relationships between different individuals within
family ties.’’

5. Djaja S. Meliala

‘’Family law is the general rule that regulates the legal relationship between blood relatives
and families resulting from marriage.’’

6. Sudarsono

‘’Family law is the totality of regulations that regulate legal relationships between blood
relatives and relatives by marriage .’’

4
Getting a Divorce

Divorce is legal tramination of a marriage. If you, or your spouse, or both of you decide to
and your marriage permanently, this is the procedure that you must use.

Divorce ends the relationship but is does not release you or your spouse from your
obligations to provide financial support for you children and, in some cases, for each other.
Divorce does not deny either of you the right to have a relationship with your children. But,
empirical research has shown that parental divorce brings several negative consequences in
both the short and the long term. Compared to children from non-divorced families, both
children and adolescents show more internalizing and externalizing problems, lower academic
achievement, or greater attachment insecurity in the short-term5

The Grounds For Divorce

The Divorce Act allows you to get a divorce where there has been a “permanent marriage
breakdown” There are three ways to prove this to court (the court accepts any one of these as
proof of permanent marriage breakdown.)

1. You and your spouse have not lived together for at least one year. If you have
reconciled with your spouse for longer than 90 days and then decide to continue with
the divorce, you have to begin the one-year period all over again from the new
separation date. If you are living separate and apart from your spouse you can file for
divorce immediately, but a divorce is not granted until the year has passed.

2. Your spouse has committed adultery.

3. Your spouse has treated you with physical or mental cruelty and has made it
impossible for you to continue to live together.

In general, divorce laws will influence the divorce rate, although the impact of a change in
divorce laws can go in either direction6

5
Klara Smith-Etxeberria, Irune Corres-MedranoItziar, Fernandez-Villanueva, Parental Divorce
Process and Post-Divorce Parental Behaviors and Strategies: Examining Emerging Adult Children’s
Attachment-Related Anxiety and Avoidance, International Journal of Environmental Research and Public Health,
2022
6
Pierre-Andre Chiappori, Murat F. Iyigun, Yoram Weiss, Public Goods Transferable Utility and
Divorce Laws, SSRN Electronic Journal, 2021

5
Who Can Apply For A Divorce
If you want to file for divorce in Yukon you must be a resident of Canada. Either you or your
spouse must have lived in Yukon for the 12 months immediately before the petition for
divorce is issued by the court

How To Apply For A Divorce

To file for divorce you need to complete two documents:

 a petition of divorce; and

 a notice of respondent.

In a petition for divorce you ask for the divorce along with claims for child custody, access,
child support and/or spousal support. The notice of respondent says what your spouse must
do to respond to your petition for divorce.

Once the court issues the Notice of respondent and the petition for Divorce, and when the fee
is paid, the documents must be given to your spouse personally (this is called “being
served’’), by someone other than you. The person who serves your spouse must then
complete an Affidavit of Service. This proves to the court that your spouse has been properly
notified of the divorce proceeding. This affidavit must also be filed with the court. Unless the
court orders otherwise, both parties must provide a financial statement.

If your spouse is served in Yukon, he or she has 20 days to respond to your petition by filling
an answer & counter petiton. The Answer is served on you or your lawyer. If your spouse
does not live In Yukon, there is more time to respond. Your spouse may or may not challenge
the claims that you made in your petition.

If your spouse disputes your petition by challenging your support or custody claim pr arguing
against your grounds for divorce, your divorce will be ‘’contested’’ and the process becomes
more complex and time-consuming.

6
Child Custody And Access

Custody and access are legal term that describe when children will spend time with each
parent and how decisions about the children will be made. (Custody and access are defined in
the list of terms at the end of the book.) Within current models of family law proceedings, the
participation of children is an extensively discussed topic. The implication divorce or
separation has on children can be immense as their living situations, relationships and family
life drastically change.7 As a common practice in custody and access proceedings, a child’s
participation is often considered when they reach the age of twelve.

The law about custody and access to children is covered by the Yukon Childern’s Act and the
federal Divorce Act. Both provide that the father and the mother are equally entitled to
custody of their children.

There are multiple methods that are employed when a custody evaluation must be completed
in a separation proceeding. When a custody agreement must be reached or two parents cannot
agree on an access arrangement, professional assessment may be sought out. 8In most cases,
the judge determines how the children will be heard in the proceeding.

A parent (or a third party) can challenge the other parent’s right to custody. The third party
could be a person such as a grandparent or a child protection agency. In all cases, the focus of
the judge is on the best interest of the child. Unless there is serious risk of harm to a child, the
court usually find that it is best for children to have both parents involved in their lives.

When they, spouses can decide toughter what custody and access arrangements will work
best for their children and for them.

Think about custody and access as the right of children to have a meaningful relationship
with both parents, not as the right off parents to have custody of children or to see them.

7
Emmie Henderson-Dekorta, Hedwig Van Bakela, Veronica Smits, Gathering Perspectives On Expert
Approaches To The Capacity And Rights Of Children: Working To Inform A Capacity Assessment Tool For
Children To Participate In Family Law Proceedings, Journal Of Divorce & Remarriage, 2022, VOL. 63, NO. 1, 35–
65
8
Emmie Henderson-Dekort, Veronica Smits, Hedwig Van Bakel, The Meaningful Participation and
Complex Capacities of Children in Family Law, The International Journal of Children’s Rights, 2021, pp. 78-98

7
Parenting Plan

A parenting plan describes the way parents will raise their children in the future. Some
parents don’t feel comfortable with the terms “custody” and “access”. A parenting plan may
be the best way to address residential and decision-making arrangements for their children.
Previous studies showed that parenting plays an important role in building character in
adolescents. Parenting affects psychosocial development and behavior in adolescents.
Parenting by parents plays an important role in building the adolescents’ characters.9

If the parents cannot decide on custody and access arrangements, either on their own or with
the help of a mediator or lawyers, the court can make the decision. The main concern of the
court is the best interests of the child or children. What the best interests are depends on the
entire family situation. A judge considers several aspects of the family life.

1. Love, affection and emotional ties between the child and

 each person entitled to or claiming custody or access to the child;

 other members of the chid’s family who live with the child;

 the people involved in the care and upbringing of the child.

2. The views and preferences of the child (when the child’s views and preferences can
reasonably be determined)

3. The length of time the child has lived in a stable home environment.

4. The ability and willingness of each person applying for custody of the children to
provide them with guidance and education, the necessities of life and to meet their
special needs (this includes whether one partner has ever acted in a violent manner
towards the other,partner, their child or other member of the household)

5. Plans proposed for the care and upbringing of the child.

6. The permanence and stability of the family unit suggested as the place where the child
will live

9
Rini Sugiarti, Erwin Erlangga, Fendy Suhariadi, Mulya Virgonita Winta, Agung S. Pribadi, The
Influence Of Parenting On Building Character In Adolescents, Heliyon, 2022

8
 7. The relationship by blood or though and adoption order between the child and each
person who is a party to the application

If you go to court, you are giving the decision making ability to the judge. You need to
understand that the judge may not be able to hear everything that you want to say because the
court is subject to rules of evidence.

Children And The Legal System

The first thing to remember is that family law issues are adult problems. Do not involve your
children in drafting affidivits or reviwing court document. Do not take them as witnesess
unless the judge asks you to.

Keep the best interests of your children in mind every step of the way. It’s okey to tell your
children that you and their other parent are trying to work things out on your own, with a
mediator, lawyer or judge bur make sure that you tell them that the break up of the
relationship with your partner is not their proble. Then be prepared to support them as they
work through their feelings about the new shape of their family.

Addressing Child Support

All parents must support their children. The “best-interest-of the-child” standard has resulted
in frequent references to attach-ment theory and research, and to attempts to assess
attachment quality to inform decision-making concerning child protection and custody. 10
Stepparents can also be required to support their stepchildren. Generally, parents must
support their children until they reach the age of majority (19 years in Yukon). Parents are
often required to support their children beyond the age of majority if the children continue to
be dependent on their parents for a good reason (e.g when children attend university or
college full time or when children are unable to support themselves because they have a
disability). But, there are growing concerns that current child support guidelines may result in
“too high” orders likely to go unpaid and resulting in substantial debt.11

10
Tommie Forslund, Pehr Granqvist, Robbie Duschinsky, Attachment Goes To Court: Child Protection
And Custody Issues, Attachment & Human Development, Vol. 24, No. 1, 2022, pp. 1–52
11
Leslie Hodges, Lisa Klein Vogel, Too Much, Too Little, or Just Right? Recent Changes to State Child
Support Guidelines for Low-Income Noncustodial Parents, Journal of Policy Practice and Research, 2021

9
The amount of child support parents must pay is calculated according to a set of rules called
the Child Support Guidelines. Child support guidelines are one of the most explicit, and
consequential, public articulations of parents’ obligations to their biological children. States
must weigh a variety of policy tradeoffs, including issues of equity, transparency, and
simplicity. Many states are shifting to “income-shares” guidelines models from “percentage-
of-income” models, citing a perceived increase in equity and flexibility.12 Although these
rules are called guidelines they are really written law. The guidelines contain tables that show
the amount of child support a parent should pay based on the province or territory where the
paying parent (payor) lives, the payor’s income and the number of children. Sometimes a
court may award an amount of support different from the amount contained in the tables. This
may happen due to special expenses ( such as child care or medical expenses), undue
hardship, the type of custody arrangement, or because the children are over the age of
majority.

For all orders of child support made on or after may 1, 1997, the parent who recives child
support cannot be taxed for it and the parent who pays child support cannot use it as tax
deduction.

The third way is to agree with the others parent on the amount of support payments and to
write a consent prder that you both sign. You can get information on the preparation of this
order from the law line

How Is The Amount Of Child Support Calculated?

The law says that child support should be determined according to the best interests of the
child. The Yukon and federal child support guidelines explain how the moment amounts
should be calculated. The amount depends mostly on the number of children and the paying
parent’s income and where the paying parent lives. The guidelines include tables of
standardized support amounts. These tables apply to most situations, but there are some
exceptions.

1
 12
Maria Cancian, Molly A. Costanzo, Comparing Income-Shares And Percentage-Of-Income Child
Support Guidelines, Children and Youth Services Review, 2019

1
What’s The Difference Between The Federal And The Yukon Child Support Guidelines/
How Do I Know Which Applies To Me?

The federal and Yukon child support Guidelines are similar. Both use the same Yukon tables
to determine the amount of child support that must be paid when the paying parent lives in
the Yukon. If you and the others parent are divorce, Canada’s Divorce Act and federal
guidelines apply to you.

If you and the other parent were never married, or are separated but not yet planning to
divorce, the Yukon family property and support Act and Yukon Guidelines apply to you.
Some of the family property and support Act are different than those that apply to the
Divorce Act.

How is the paying parent’s income calculated?

The guidelines contain very specific information about this. If the paying parent’s income is
from employment only, then the current gross income (before deductions) is used. If the
paying parent is self-employed, has investment income or has a complicated income situation
for some other reason, then other rules apply.

What if the paying parent doesn’t live in the Yukon?

The responsibility of parents to support their children financially does not end if they live
somewhere else. The amount of monthly child support payments is based on the table
amounts for the province or territory where the paying parent lives. The Yukon MEP can
enforce child support orders in other provinces, territories, and some countries if your support
order is registered with the program

What if I already have a child support order, but need to change the amount of the payments?

You will need to make a court application to change the order. This as called a variation. If
this is an easy recalculation (e.g. to make the order match the new table amounts) you might
be able to complete the application on your own with the help of a ‘’variation kit’’ from the
law line. Sometimes, however, it’s a complicated legal issue to change an order. If this is the
case, you will need a lawyer’s help. If you qualify for legal aid or if you are receiving social
assistance benefits you might not have to pay for the lawyer.

What if the other parent is pressuring me into an agreement that I’m not comfortable with?

If you feel pressured into an agreement by any physical, mental or emotional abuse by the
other parent, or even the threat of abuse, you should not proceed on your own. Ask for help
from
legal aid or consult a lawyer. They can represent your interests without threat from the other
party.

Who pays child support if the parent and I share custody equally?

To equally as shared custody, each parent must have physical custody of the children or
access to them at least 40 per cent of the time. The amount of child support in the child
support guidelines does not automatically apply. The parents may agree on a child support
amount, or a court might award an amount that is higher or lower than the table amount. For
example, if you might pay a monthly amount to the other parent. The amount will also
depend on any special expenses, and which parent pays most of the these.

Who pays child support if we both have sole custody of one or more of our children (spilt
custody)

Child support will depend on the incomes of both parents, and how much you would pay
(according to the tables in the child support Guidelines) for each child in the other’s sole
custody. The parent required to pay the higher amount will pay any difference between these
amounts to the other parent. The amount may also depend on special expenses and needs.

Child Adoption Law in Indonesia

Adoption of a child in Western Civil Law terms is called Adoption. In the legal dictionary the
word adoption which comes from the Latin adoption is given the meaning of adoption a child
as one’s own child.

Adoption is a complex and sensitive legal process involving the essential rights of all parties
involved, especially the child that is the subject of adoption. 13 Adoption is the creation of a
parent-chlid relationship by court order between two parties who usually have no family
relationship.

Adoption is a legal act that transfres a child form the authority of parents, legal guardians, or
other who are responsible for the care, education and rising of the child, into the family
environment of the adopted person.

13
Rachim, Muhammad Hafidz, Analisis Perbandingan Peraturan Hukum Adopsi Anak: Studi
Perbandingan Indonesia Dan Vietnam, Jurnal Hukum dan Kewarganegaraan , 2023, pp. 31-40
Furthermore, the opinion of Hilman Haadi Kusuma, SH. Can be expressed: an adopted child
is someone else’s child is someone child who is considered their own child by the adoptive
parents officially according to local law, for the purpose of continuing off spring or
maintaining house hold assets.

Meanwhile adoption (adoption) is not know in the civil law book is only know in the stbl.
1917 no. 129 yo, 1924 no 557. According to these regulations, adoption or adoption is the
adoption of a boy as a child by a man who is married or has previously been married, who
does not have male offspring. So here only boys can be adopted., but according to current
devolpments is jurisprudence, girl can also be adopted as children by a children by a childless
mother.

Adopting a child is one way for couples who are not married yet. It is hoped that the presence
of an adopted child can fill the lonely days of a married couple. In fact, it is not uncommon
for many couples to use an adopted child as an inducement so that in the future they will have
their own biological offspring. Whatever the reason, when you and your partner dicide to
adopt a child, it should be based on good intentions and sincerity as well as a sincere feeling
of love to care for the child in its development and then in line with the development of
society. The purpose of adopting a child has changed to the welfare of the child.

Thus the regulations regarding child adoption are regulated in Staatsblad 1917 Number 127
and related hain regulation. The adoption of a child is declared invalid if it conflicts with
Law Number 23 of 2002. Regulations and conditions regarding the Adoption of Children are
futher regulated in the Aging Court Circular Number 6 of 1983, Supreme Court Circular.
Number 4 of 1989 concerning the Adoption of Children and Decree of the Minister of Social
Affairs of the republic of Indonesian Number 41/HUK/KEP/VII1984
1. Procedures for Adoption

Republic of Indonesia Supreme Court Circular Latter No. 6/83 which regulates how to adopt
a child states that to adopt a child you must first submit an application for
validation/appointment to the District Court where the child to be adopted is located. The
from of the application can be oral or written, and submitted to the dark. The application is
submitted and singned by the applicant him self or his attorney, with sufficient materials
attached and addressed to the Chairman of the District Court whose jurisdiction includes the
place of residence/domicilie of the child to be adopted.

Adoption regulations in Indonesia guarantee the welfare of children, but prohibit adopted
children from being given the status of biological children and having the fate of their
adoptive
father. 14In Indonesia it is permissible for single parents to adopt, there is only 1 home visit
when a child is being adopted, and there is an explanation of the age that is considered a
child, in Palestine there is none.

2. Terms of Adoption

The conditions that must be met by a person to be able to adopt a child are.

1. A man who is or was married, but is not have a son.

2. Husband and wife together

3. A women who has become a widow, provide than there is no prohibition on adopting
a child by her late husband in the will he left and he has not remarried Gosita.

In addition to the conditions mentioned above, agreement is also required from the people
concerned.

1. If the adopted child is a legitimate child, then there is an agreement from the child
both parents.
2. If the adopted child is an illegitimate child, but is recognized by both parties parents,
then consent from both parents is required.
3. For children who are 15 years old, an agreement is also required from the
child the child concerned, whether the child who will be adopted is willing or
not.
4. For a widowed woman who will adopt a child,hen it requires agreement from the
brothers who have adult and father of her late husband.

If they are absent or do not reside in Indonesia, an agreement is sufficient from two
parents among the closest male blood relatives on the father's side of the husband who has
died up to the fourth degree, who is an adult and resides in Indonesia.

The Rights And Obligations In Family Law

Family law encompasses the legal aspects of relationships within a family unit. It covers
various matters like marriage, divorce, child custody, adoption, and more. Within this field,
there are distinct rights and responsibilities for the parties involved:

14
Sakila, Yola Cindytia, And Rohmah Maulidia, Studi Komparatif Peraturan Adopsi Anak Di Negara
Indonesia Dan Palestina, Sakina: Journal Of Family Studies, 2023, pp. 530-547
1. Marriage:

 Right to Marry: Individuals have the freedom to enter into a legally

recognized marriage with a willing partner.

 Financial Support: Spouses may be obliged to provide financial support to

each other during and potentially after the marriage.

2. Divorce:

 Reasons for Divorce: Depending on the jurisdiction, specific criteria may need
to be met for a divorce to be granted.

 Division of Property: Upon divorce, assets and liabilities are typically divided
equitably between spouses.

3. Child Custody and Visitation:

 Legal Custody: The authority to make decisions about a child's upbringing,

such as education and healthcare.

 Physical Custody: The right for a child to reside with a particular parent.

 Visitation: The non-custodial parent's entitlement to spend time with the child.

4. Child Support:

 Financial Support: Non-custodial parents are generally obligated to provide

financial assistance for their children's needs.

 Receiving Child Support: Custodial parents have the right to receive financial
support for their children.

5. Adoption:

 Adoptive Parent Rights: After legal adoption, the adoptive parent gains the
same rights and responsibilities as a biological parent.

 Birth Parent Rights: In some instances, birth parents may have specific rights,
such as the right to consent or object to an adoption.
 6. Domestic Violence and Protection Orders:

 Safety: All individuals have the right to be protected from domestic violence
and abuse.

 Court Orders: Courts can issue orders to safeguard victims of domestic

violence from further harm.

7. Paternity:

 Establishing Paternity: The right to legally establish fatherhood, which may

entail rights and responsibilities.

 Child Custody and Support: If paternity is confirmed, the father may have
rights concerning custody and support.

8. Guardianship:

 Guardian Rights: The legal authority and duty to care for a minor or
incapacitated individual.

 Ward's Rights: The person under guardianship may retain specific rights,
based on the court's decision.

9. Surrogacy and Reproductive Rights:

 Rights of Biological Parents: In surrogacy cases, there may be rights and

responsibilities related to the child's genetic parentage.

 Surrogate's Rights: Surrogates may have rights concerning their own health
and well-being during pregnancy.

10. Grandparents' Rights:

 Visitation Rights: In certain jurisdictions, grandparents may have rights to visit their
grandchildren under specific circumstances.

Function Of Family Law

Family law serves as the legal framework for dealing with various issues within familial
relationships. Its functions include overseeing the formalities of marriage and unions,
managing divorce and separation proceedings, determining child custody and support
arrangements, regulating adoption and surrogacy, addressing domestic violence through
protective measures, establishing paternity and parental rights, deciding spousal support,
dividing property in case of separation, appointing guardians for those unable to make
decisions, offering alternative dispute resolution methods, managing estate planning and
inheritance matters, and overseeing child and family services for the well-being of children.
These functions collectively work to protect the rights and interests of individuals within
families and ensure fair resolutions to family-related disputes, ultimately contributing to the
stability and welfare of all parties involved. Despite the fact that family law agreements are
not independent grounds for the emergence of legal relations between its parties, they carry
out the legal-factual function.15

The role of family law is to establish and provide a legal framework for addressing various
aspects of family life. The following are the functions of family law, as outlined in academic
sources:

1. Preserving and Safeguarding the Family Unit:

 Family law acts as a tool to safeguard the rights and interests of family
members, ensuring the overall security and well-being of the family.

2. Regulating Marital Relationships:

 It oversees the rights and responsibilities between spouses, including aspects

of marriage, divorce, shared assets, and financial support.

3. Arranging Child Custody and Support:

 It defines the rights and duties of parents towards their children, covering
matters like custody, financial support, and visitation schedules.

4. Ensuring Child Protection and Rights:

 It ensures legal protection for children, encompassing their safety, health,

education, and fundamental rights.

5. Managing Inheritance and Shared Assets:

15
O. N. Nizamieva, The Legal and Factual Function of the Family Law Agreements, Lex Russica, 2022
  It provides guidelines for dividing inheritance and jointly-owned assets in the
context of marriage and divorce.

6. Resolving Family Disputes:

 It offers legal procedures for settling conflicts within families, such as in cases
of divorce or disagreements over child custody.

7. Safeguarding Against Domestic Violence:

 It offers legal tools to protect victims of domestic violence and imposes

penalties on offenders.

8. Regulating Adoption and Guardianship:

 It governs the legal processes related to adopting children and appointing

guardians, including the rights and responsibilities of all involved parties.

9. Addressing Inheritance Disagreements:

 It provides guidance for resolving disputes concerning inheritance within the

family.

10. Enforcing Family Rights and Responsibilities:

 It encourages adherence to legal rules that govern the rights and duties of
family members, and provides mechanisms for legal enforcement.

11. Addressing Diverse Family Relationships:

 It accommodates family relationships that extend beyond marriage, such as

those between parents and children in non-marital situations.

12. Facilitating Mediation and Peaceful Conflict Resolution:

 It establishes a legal framework for mediation and peaceful dispute resolution

processes, enabling involved parties to reach agreements without resorting to
litigation.
Exercises

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Short Answer:
a. Define the term "guardianship" in the context of family law.
b. What factors do courts typically consider when determining child custody arrangements?
c. Briefly explain the concept of "no-fault divorce."
d. What is the purpose of a restraining order in the context of family law?

True or False:
a. Family law only covers issues related to divorce and child custody.
b. A prenuptial agreement is only valid if it is signed the day before the wedding.
c. Child support payments are tax-deductible for the paying parent.
d. Common-law marriages provide the same legal rights and responsibilities as
formal marriages.

2
2
 Preferences
Emmie Henderson-Dekort, Veronica Smits, Hedwig Van Bakel, 2021, The Meaningful
Participation and Complex Capacities of Children in Family Law, The International
Journal of Children’s Rights, pp. 78-98
Emmie Henderson-Dekorta, Hedwig Van Bakela, Veronica Smits, 2022, Gathering
Perspectives On Expert Approaches To The Capacity And Rights Of Children: Working
To Inform A Capacity Assessment Tool For Children To Participate In Family Law
Proceedings, Journal Of Divorce & Remarriage, VOL. 63, NO. 1, 35–65
Jessica Mant, 2022, Teaching Family Law in Neoliberal Times, International Journal of Law
in Context, 18, pp. 416–426
Kharlie, A. T., 2022, Hukum Keluarga Indonesia, Sinar Grafika
Klara Smith-Etxeberria, Irune Corres-MedranoItziar, Fernandez-Villanueva, 2022, Parental
Divorce Process and Post-Divorce Parental Behaviors and Strategies: Examining
Emerging Adult Children’s Attachment-Related Anxiety and Avoidance, International
Journal of Environmental Research and Public Health
Leslie Hodges, Lisa Klein Vogel, 2021, Too Much, Too Little, or Just Right? Recent Changes
to State Child Support Guidelines for Low-Income Noncustodial Parents, Journal of
Policy Practice and Research
Maria Cancian, Molly A. Costanzo, 2019, Comparing Income-Shares And Percentage-Of
Income Child Support Guidelines, Children and Youth Services Review
Nur Putri Hidayah, Galih Wasis Wicaksono, 2022, Legal Knowledge Management
O. N. Nizamieva, The Legal and Factual Function of the Family Law Agreements, Lex
Russica Pierre-Andre Chiappori, Murat F. Iyigun, Yoram Weiss, 2021, Public Goods
Transferable
Utility and Divorce Laws, SSRN Electronic Journal
Rachim, Muhammad Hafidz, 2023, Analisis Perbandingan Peraturan Hukum Adopsi Anak:
Studi Perbandingan Indonesia Dan Vietnam, Jurnal Hukum dan Kewarganegaraan,
pp. 31-40
Rini Sugiarti, Erwin Erlangga, Fendy Suhariadi, Mulya Virgonita Winta, Agung S. Pribadi,
2022, The Influence Of Parenting On Building Character In Adolescents, Heliyon
Sakila, Yola Cindytia, And Rohmah Maulidia, 2023, Studi Komparatif Peraturan Adopsi Anak
Di Negara Indonesia Dan Palestina, Sakina: Journal Of Family Studies, pp. 530-547
Sembiring, R., 2016, Hukum Keluarga: Harta-Harta Benda Dalam Perkawinan, Universitas

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Sumatera Utara

3
Tommie Forslund, Pehr Granqvist, Robbie Duschinsky, 2022, Attachment Goes To Court:
Child Protection And Custody Issues, Attachment & Human Development, Vol. 24,
No. 1, pp. 1–52