Analisis Yuridis-Psikologis Mediasi Luar Pengadilan pada Konflik Anak Pasca Perceraian

Abstract

Divorce frequently triggers child custody disputes, leading to the neglect of parental duties by the legal custodian and the restriction of access rights for the non-custodial parent. This situation often prompts unilateral retaking of the child (parental abduction) by the biological parent who lacks legal custody. This study aims to analyze the legal implications and psychological impacts of parental abduction, while evaluating the effectiveness of out-of-court mediation and family counseling as constructive non-litigation solutions. Utilizing a normative-juridical research method, this paper applies statutory and conceptual approaches. The findings reveal that criminal prosecution under Article 330 of the Indonesian Criminal Code against biological parents creates a legal dilemma, as it often disregards the underlying child neglect committed by the legal custodian. Furthermore, formal litigation adhering to a win-lose outcome poses a high risk of triggering permanent emotional trauma and Parental Alienation Syndrome (PAS) in children. As an alternative, integrating out-of-court mediation with family counseling effectively resolves emotional conflicts between parties by facilitating a fair and transparent co-parenting agreement. To ensure legal certainty and enforceability, such agreements can be ratified by the court into a Settlement Deed (acta van dading). Ultimately, this approach successfully prevents parental abduction while safeguarding the best interest of the child.