In regards to the child custody within an Indonesian divorce proceedings, the court would generally given the child custody to the mother, as stipulated on article 105 of The Compilation of Islamic Law. Nevertheless, it is also possible that the father shall retain the custody rights, in terms that the mother has an inappropriate manner and considered or proven as incompetent to educate her child.
The law stipulates, that in regards to the child maintenance and livelihood of the children born within the marriage, the father shall responsible for every expenses, daily maintenance, educational funding’s or any additional costs that the children would need. Should the father was not able to provide such financial support for their children, the court may determine the said financial burden to be carried out by both parties.
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