Supreme Court Judgement on Single Mother in Indonesia
Being a single mother is no longer a taboo thing. Even though this status is still a taboo topic in society. Then how will the supreme court judgment on the single mother side with them?
A survey conducted in Indonesia in 2020 noted that there were 15% of Indonesian women who were single mothers. This happens for various reasons that cause them to end up with that status. Even though the world doesn't end even if they become single mothers.
Many of them decide not to remarry and become the head of the family. A woman has physical and spiritual needs that are different from men. If possible more men choose to remarry (not a few also survive alone) rather than being a widower for the rest of his life.
The choice of a woman after becoming a single mother is in the woman herself. However, most women with single mother status already have children who are their responsibility. So instead of thinking about remarrying, they choose to become single mothers who play multiple roles in raising their children.
Supreme Court Judgement on Single Mother’s Issues
There are several issues that are often considered by the court in making decisions for the survival of single mothers. Usually this happens because single mothers choose to divorce from their husbands.
1. Economic conditions of single mothers
Women as single mothers will face their own challenges. There are women who have not worked for a long time, have no experience in work, and have low education. This affects the wages received to meet the needs of himself and his children.
I also have a friend who is divorced from her husband. One time he told me that he still had to take care of the needs of his two children. Because his father can only give money 500 thousand per child per month. She also understands that her ex-husband's condition is difficult and that it is impossible to give more.
2. Single mother's social condition
Women who are single mothers are more often (though not always) viewed negatively by society, especially if the single mother is still young and beautiful. This is considered visually appealing to you madam, so it becomes a worry for wives who are afraid that their husbands will be tempted. Worse still, single mothers can be seen as harlots and seducers.
3. Single mother's place of residence
After separating, most choose to return to live with their parents. It could be for reasons of saving living costs or indeed the parents are old and need to be cared for.
However, the problem did not end there. The presence of parents can not always help their children. There are also single mothers whose burdens will increase, namely to provide for their parents as well.
4. The dual role of single mother
Her role as mother and father to her child. Not an easy thing to do. Apart from earning a living, she also has to take care of her children until they grow up. Not only energy and time are drained, but also thoughts that can affect mental health conditions. It could be that because he is too tired he can become a person who is too sensitive, overthinking, and feels excessively insecure.
The Cause of Women Being the Head of the Family
This is a bit deviated from the discussion of single mothers, although it is still related. However, we also need to know the facts on the ground that there are not a few women who are heads of families even though they still have husbands.
There are several reasons why women can become the head of the family:
• Divorced from her husband
• Husband is disabled or lost his job
• Husband left for a long time without providing a living
• Women who are not married but have family responsibilities
• Husband has died
• Husband is sick
According to the majority data or as much as 67.17% the reason women become heads of households is because their husband died.
Whatever the reason behind women becoming single mothers and heads of families, the presence of the state is needed in providing legal protection for the children of single mothers so that their lives are guaranteed.
The legal basis in Indonesia regarding single mothers is in Article 45 paragraph 1 of Law 35/2014 which stipulates that parents and families are responsible for maintaining children's health and caring for children from the time they are in the womb.
In addition, there are decisions of the Supreme Court and the Constitutional Court that can be used as a reference to determine the legal position of a mother who is a single parent.
The Supreme Court Decision Number 102K/Sip/1973 states that regarding child guardianship, the benchmark is that the biological mother is prioritized, especially for young children, because the interests of the child are the criteria, unless it is proven that the mother is not natural to be able to take care of the child. well.
Supreme Court Judgement on Single Mother
Based on the issues above, there are several decisions from the legal side represented by the Court for single mothers.
1. Minors are still under the authority of their mother
2. Biological father agreement if still alive to support children
3. Children over the age of 17 have the right to decide who they will live with
However, there is also a case where a woman does not want to marry the father of the child she is carrying out of wedlock. Pregnancy out of wedlock can happen because of rape cases that make women pregnant.
Therefore, the woman chose to be a single mother because she was not sure to marry the biological father of the child she was carrying.
In this case, single mothers are obliged and entitled to care and care for their children from the time they are in the womb until they are born and grow up.
In Indonesia, there are still frequent power struggles over children after divorce. Because they are still small children cannot decide who they will live with.
This is where the state comes to provide legal protection for children's growth and development until they are adults or 17 years old, where psychologically the child is considered capable of making decisions for his own life.
With the state giving the right to single mothers to be able to take care of their young children, it means that single mothers are also defended their rights to be able to live with their children. Why is it necessary? This can protect the single mother from the power of her ex-husband, who may be more ambitious and strong enough to forcibly seize his child to live with him than his birth mother.
But the struggle of a single mother is not only that, after getting custody of her child, she also has to be responsible for providing a living. Even though the court also decides that the ex-husband or biological father of the child is obliged to provide living expenses for his child.
In my opinion, the Supreme Court Judgment on single mothers must also carry out an ongoing evaluation of the agreement regarding the child's living expenses. Because what happens in the field is often the ex-husband or biological father of the child does not give the child the right as it should. If that's the case, it's a single mother who has to put in extra effort to get a job to earn enough money.