This study discusses the comparative application of child custody laws between developed and developing countries with a focus on the principle of "best interests of the child." Although this principle is recognized globally, its implementation varies widely across countries, influenced by social, cultural, religious, and economic factors. Developed countries such as the United States and Sweden tend to have more structured legal systems that support equality in custody, often adopting a joint custody model. In contrast, developing countries such as Indonesia (...) and India face significant challenges in implementing this principle due to the influence of customary law, religion, and resource constraints. This study uses thematic and comparative analysis methods, and makes generalizations about the factors that influence the implementation of child custody in countries with different socio-economic backgrounds. The results of the study indicate that legal and social policy reforms, as well as increasing access to social services and legal education, are essential to improving the protection of children's rights in developing countries. Thus, recommendations focus on the need for international collaboration and increasing the capacity of courts to adopt best practices in child protection. (shrink)

Dictionary of philosophy and science terms.

The results show that the Religious Courts play an important role in harmonising Islamic law with national development policies and international legal standards, particularly in the context of protecting the rights of women and children. However, challenges exist in harmonising interpretations of Islamic law with the principles of human rights and gender equality guaranteed by international conventions such as CEDAW. This research uses a qualitative approach with a case study method to analyse the relevance of Religious Court decisions related to (...) marriage to national development policies as well as their relationship to international law. Primary data was obtained through analysis of Religious Court decisions in several regions of Indonesia in the last five years covering marital issues such as divorce, polygamy, child custody, and division of joint property. Secondary data included national policy documents, such as the RPJMN, as well as international legal instruments such as CEDAW. This research identifies the need for progressive reforms in the Religious Courts system, including capacity building of judges in understanding international law, revision of the Compilation of Islamic Law, and strengthening co-operation between relevant institutions. The innovative contribution of this research lies in its in-depth analysis of how the Religious Courts can serve as a bridge between religious law, national development policy, and Indonesia's international obligations. (shrink)