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Kantor Hukum Yustisia Laksana
Office in Surabaya, serves Kedurus, Indonesia

Founded in 2024
11 people in their team
Indonesian
English
Kantor Hukum “Yustisia Laksana Attorneys & Counsellors at Law" menangani berbagai perkara hukum secara umum (pidana, perdata, perseroan, bisnis, tata usaha negara, dan keluarga, dll.) melalui litigasi maupun non-litigasi. Kami memberikan pendekatan yang berbeda: mendengarkan tanpa menghakimi,...
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How child-care arrangements are handled in Kedurus

Kedurus is a kelurahan in Karang Pilang, Surabaya. There is no separate Kedurus parenting-plan procedure; disputes are handled under Indonesian family law through the court with jurisdiction over the case.

In practice, parents can agree on where a child lives, how time with each parent is arranged, schooling and health decisions, communication, and financial support. A written agreement can help clarify expectations, but parents seeking terms enforceable through a court should ask about recording those terms in the divorce case or a court decision.

For Muslim families, divorce and related child-custody issues generally go to Pengadilan Agama Surabaya. For non-Muslim families, divorce matters generally go to Pengadilan Negeri Surabaya. The applicable rules depend on the parties’ religion and the case, so confirm the proper court before filing.

When a lawyer can help with custody and parenting arrangements

  • You and the other parent disagree about the child’s main home, school-week schedule, or contact during holidays, and need a workable proposal for the relevant Surabaya court.
  • A parent plans to move the child from Kedurus or change schools, and the change could affect the other parent’s contact or the child’s routine.
  • There are allegations of violence, neglect, or unsafe caregiving, and immediate steps may be needed to protect the child while the dispute is considered.
  • One parent is withholding contact, ignoring an existing court decision, or making it difficult to arrange visits or child handovers in Surabaya.
  • The parents disagree about medical treatment, education, travel, or the child’s expenses and need clear, specific terms rather than an informal understanding.
  • You are beginning divorce proceedings and need advice on how custody, contact, and child support can be addressed in the same case.

A lawyer can explain the correct court, help prepare evidence and proposed terms, and represent a parent in negotiations or proceedings. For a cooperative, low-conflict agreement, legal advice may still help check that the wording is clear and practical.

Indonesian laws that may apply

  • Law No. 1 of 1974 on Marriage, as amended by Law No. 16 of 2019. It addresses parents’ duties toward children and the consequences of divorce. The 2019 amendment changed the minimum marriage age; it did not create a separate parenting-plan system.
  • Law No. 23 of 2002 on Child Protection, as amended by Law No. 35 of 2014 and Law No. 17 of 2016. It provides child-protection rules relevant to decisions affecting a child’s safety, care, and welfare.
  • Compilation of Islamic Law, issued through Presidential Instruction No. 1 of 1991. For Muslim families, its provisions address child care after divorce, including the child’s care and maintenance. Its application should be assessed alongside current legislation and the facts of the case.

These national rules apply in Kedurus; the kelurahan does not have a separate family-law code. The relevant court and outcome depend on the family’s circumstances and the evidence presented.

Frequently asked questions

Is a written parenting agreement legally required?

No general rule requires every separated parent to prepare a document called a parenting plan. A written agreement can reduce misunderstandings, and parents seeking court-backed terms should ask how to have agreed arrangements reflected in the case outcome.

Which court handles a custody dispute from Kedurus?

Muslim family-law matters generally go to Pengadilan Agama Surabaya, while non-Muslim divorce matters generally go to Pengadilan Negeri Surabaya. The correct route depends on the parties and the type of claim, so obtain advice before filing.

Can parents agree on custody without going to court?

Parents can discuss and document practical arrangements by agreement. If there is a divorce case or a serious dispute, a lawyer can explain whether and how the agreement should be submitted to the court for consideration.

Who usually cares for a child after a Muslim divorce?

The Compilation of Islamic Law sets out rules concerning a child’s care after divorce, including an age-based approach to care of younger children. The court considers the applicable law and the child’s circumstances; the outcome should not be assumed without case-specific advice.

Does the child’s preference determine the result?

A child’s views may be relevant, particularly as the child grows older, but they are not automatically decisive. The court’s assessment focuses on the child’s welfare and the circumstances of the case.

Can a parent move a child to another city?

A move can affect contact, schooling, and the child’s stability, especially where a court decision or agreement already sets arrangements. Get legal advice before changing the child’s residence if the other parent objects or existing terms may be affected.

How are child support and parenting arrangements connected?

Care schedules and financial support are related practical issues, but they are not interchangeable. Parents should set out who pays which child-related expenses and how payments will be made, and seek advice on including appropriate terms in court proceedings.

How long does a custody or parenting dispute take?

There is no single timeline for every case. Agreement, court scheduling, mediation, disputed evidence, and the need for additional hearings can affect how long proceedings take.

How much does a parenting-plan lawyer cost in Surabaya?

Fees vary by lawyer, the work required, and whether the matter is negotiated or contested. Ask for a written fee scope covering consultations, drafting, court appearances, and any separate expenses before hiring.

Can I get free legal assistance?

People who meet the applicable requirements may be able to seek assistance through an accredited legal aid provider or ask the court about its Posbakum legal-information and assistance service. Availability and the help offered should be confirmed directly with the provider or court.

What documents should I take to an initial consultation?

Take identification, the child’s birth certificate, marriage or divorce documents, and any existing court decision or written agreement. Messages, school or medical records, and a dated summary of disputed events may also help the lawyer assess the situation.

Official resources in Surabaya

  • Pengadilan Agama Surabaya: Handles Muslim family-law cases within its jurisdiction and can provide information about filing, court schedules, and available court services.
  • Pengadilan Negeri Surabaya: Handles civil matters within its jurisdiction, including non-Muslim divorce cases. Its court information services can clarify procedures and available assistance.
  • Dinas Pemberdayaan Perempuan dan Perlindungan Anak serta Pengendalian Penduduk dan Keluarga Berencana Kota Surabaya (DP3APPKB): The city agency responsible for women’s and children’s protection and related services. Contact it to ask about relevant support or referral options.

Steps to find and hire a lawyer

  1. Write down the issues and goals. Over the next day or two, list the child’s routine, proposed living arrangements, contact concerns, expenses, and any immediate safety issues.
  2. Collect key records. Gather identification, birth and marriage documents, court papers, and relevant school, medical, or communication records before arranging consultations.
  3. Confirm the correct court and legal route. Ask a lawyer or the relevant Surabaya court information service whether the matter belongs in the Religious Court or District Court.
  4. Compare two or more lawyers where practical. Ask about family-law experience, who will handle the case, likely steps, communication, and possible alternatives to contested hearings.
  5. Request a written fee agreement. Before work begins, confirm the fee, included services, payment schedule, and responsibility for court or document expenses.
  6. Agree on an immediate plan and prepare the case. With the lawyer, identify safe interim arrangements, organize evidence, and draft clear proposals about care, contact, decisions, and expenses.
  7. Review progress after the first few weeks. Check whether negotiations, mediation, or court proceedings are underway, and update the proposed arrangements if the child’s needs or circumstances change.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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