Harmonisasi Konsep Pengasuhan Bersama (Joint Custody) dalam Sema Nomor 1 Tahun 2025 dan Kompilasi Hukum Islam dalam Perspektif Kepentingan Terbaik Bagi Anak

Abstract

Divorce does not extinguish parental responsibilities regarding the upbringing, education, and protection of children. In the practice of Islamic family law in Indonesia, child custody (hadhanah) arrangements still face challenges when a child's need to receive care from both parents is not fully accommodated through the appointment of a single custodian. Supreme Court Circular Letter (SEMA) Number 1 of 2025 provides guidelines for judges to examine the facts concerning hadhanah in divorce cases, including instances where the parties do not file a child custody claim. Meanwhile, the Compilation of Islamic Law (KHI), particularly Article 105, regulates child maintenance based on age and grants choices to children who have reached the age of discernment (mumayyiz).This study aims to analyze the harmonization of the joint custody concept within the framework of SEMA Number 1 of 2025 and the KHI based on the principle of the best interest of the child. This study employs a normative juridical method with statutory, conceptual, and analytical approaches through a literature review of primary and secondary legal materials. The discussion focuses on the allocation of parenting time, access to meetings with both parents, education, health, financing, and decision-making regarding the child's interests. This article argues that joint custody can be considered a model of parenting responsibility, provided it is not construed as a mechanical division of the child and continues to respect prevailing norms, safety, stability, as well as the individual needs of the child. However, its implementation requires clarity on legal grounds and operational formulations of court decisions so as not to create legal uncertainty.