CHILD-CENTERED MEDIATION AND INDIGENOUS WISDOM IN CUSTODY DISPUTE RESOLUTION: A COMPARATIVE STUDY OF INDONESIA AND THAILAND

Information from the abstract

Post-divorce child custody disputes involve legal, psychological, social, cultural, and moral dimensions, with children as the most vulnerable parties. This study examines the role of mediation in protecting the child's best interests and compares child-centered mediation frameworks in Indonesia and Thailand. Using doctrinal legal research with statutory, conceptual, and comparative approaches, it qualitatively and prescriptively analyzes primary and secondary legal materials. The findings indicate that mediation shifts the focus from parental claims toward children's physical, emotional, and social well-being. In Indonesia, this approach draws on state law, religious norms, and local wisdom, particularly “musyawarah mufakat” (deliberation for consensus), family values, and relevant “adat” or customary practices. Thailand, by contrast, emphasizes parental power, child protection, and social harmony. The comparison reveals that Indonesia lacks specific guidance on integrating local wisdom into child-centered custody mediation while safeguarding children's rights. This study's novelty lies in proposing a mediation model that selectively incorporates “musyawarah mufakat”, family values, and relevant “adat” principles within the framework of the child's best interests. By positioning local wisdom as a complementary resource rather than a substitute for child-rights standards, the model supports more culturally responsive and child-centered custody dispute resolution.

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Related topics: Family and Matrimonial Law · Legal and Social Justice Studies · Marriage and Family Dynamics