RELEVANSI PASAL 330 KUHP DALAM KASUS PENGAMBILAN ANAK SECARA PAKSA OLEH ORANG TUA KANDUNG DALAM PERSPEKTIF PERLINDUNGAN HAK ANAK

Abstract

In Article 1 of Law Number 1 of 1974 concerning marriage, it states that "Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God". However, there are many problems that occur in every household that can lead to divorce. One of the problems that arise as a result of divorce is child custody, which if there is a dispute over custody, can lead to the forced removal of children and this can be seen as a violation of child custody and protection rights. In the application of Article 330 paragraph (1) of the Criminal Code, it states "Anyone who intentionally withdraws a minor from the authority that is determined by law over him, or from the supervision of a person authorized to do so, can be threatened with a maximum imprisonment of seven years". This study aims to analyze the relevance of Article 330 of the Criminal Code to the principle of protecting children's rights. The research method used is normative juridical by using laws and regulations, Constitutional Court Decisions, and related legal literature. The Constitutional Court in decision 140/PUU-XXI/2023 emphasized that the act of taking a child without the permission of the custody holder, especially if accompanied by coercion, can be subject to criminal sanctions. The phrase "Whoever" in this article includes all individuals, including biological parents, so that it can provide legal certainty and protection. The findings of this study indicate that the application of Article 330 of the Criminal Code is relevant and in line with the principle of protecting children's rights, providing legal certainty and protection for children in family conflict situations.