Cross-Border Marriages Prone to Child Custody Conflicts
Marriages between Indonesian citizens (WNI) and foreigners (WNA) that end in divorce often lead to disputes over child custody.
Deputy Chief of the Denpasar Religious Court (PA), Mahmudah Hayati, revealed that throughout 2025, there were 28 cases involving foreign nationals. Two of these were child custody disputes, and 17 others were divorces. However, resolving child custody from mixed marriages remains challenging, especially if the child has already moved abroad with their father. In such cases, Indonesian court decisions are often difficult to implement.
“If the child is abroad, our ruling is hard to execute. In the end, the rightful party must find the child themselves,” said Mahmudah when met after the Working Visit of the DPR RI Special Committee on the International Private Law Bill at the Wiswa Sabha Utama building on Monday (13/4/2026).
Mahmudah explained that there is currently no mechanism or international cooperation regulating the recognition and enforcement of Indonesian court decisions abroad.
“The issue is not with the ruling, but with its implementation abroad, which lacks a clear legal basis,” she added.
In some cases, Indonesian courts have ruled that children under 12 years old should be in the mother’s custody. However, this rule cannot be applied if the child is already outside Indonesia. This results in the winning party having legal power to retrieve the child from another country.
Therefore, resolutions are more often achieved through family approaches. “So far, if it cannot be executed, we can only encourage resolution through a family approach,” she said.
In addition to challenges in obtaining child custody, she also outlined difficulties in dividing joint assets located abroad. “That’s why we are awaiting an MoU between the two countries. Because there isn’t one yet, Indonesian court decisions cannot be recognised and enforced abroad,” said Mahmudah.
International Private Law Bill Accelerated
The DPR is beginning to draft the International Private Law Bill (RUU HPI), aimed at providing stronger protection for Indonesian citizens (WNI) who have legal relations with foreign parties, such as mixed marriages, child custody, and inheritance issues.
This bill is being discussed during working visits by the special committee (pansus) to several regions, including Bali, which is considered to have many cases involving foreign nationals (WNA).
“So far, we have been protecting our citizens. How they marry or cooperate with foreign nationals, have children with foreign nationals, or inheritance. These are the points we must consider so that Indonesian society is not disadvantaged,” said lawyer and UPH law lecturer, Finsensinsus Mendrofa.
Mendrofa explained that Indonesia still does not have a specific law regulating international private law. Handling cases involving cross-border issues still relies on old regulations that he deems no longer relevant.
“So far, we have relied on rules that still consider India-Netherlands. Since the establishment of the Republic of Indonesia, we have not had an International Private Law Act,” said Mendrofa.