The Transformation of Criminal Law Paradigm in Handling Parental Abduction in Indonesia

Abstract

Parental abduction had become an increasingly significant legal issue in Indonesia following the growing number of child custody disputes after divorce. Despite its prevalence, Indonesian criminal law had not specifically regulated parental abduction, resulting in inconsistent interpretation of Article 330 paragraph (1) of the Indonesian Criminal Code, particularly regarding the criminal liability of biological parents. This study examined the juridical interpretation of Article 330 paragraph (1) following Constitutional Court Decision Number 140/PUU-XXI/2023, analysed its implications for the transformation of Indonesia's criminal law paradigm, and proposed an integrated institutional framework for strengthening child protection. A normative legal research method employing statute and case approaches was applied and supported by empirical findings obtained through interviews. The study demonstrated that Constitutional Court Decision Number 140/PUU-XXI/2023 reconstructed the interpretation of Article 330 paragraph (1) by recognising lawful custody rather than biological parenthood as the principal basis of criminal liability. The findings also showed a transition from a parent-centred and formalistic approach towards a child-centred and constitutionally oriented criminal law paradigm. An Integrated National Identification Number (NIK)-Based Legal Framework was proposed to strengthen institutional coordination, improve legal certainty, and enhance the protection of children's rights in parental abduction cases.