Celebrity Activities
Artist Tsania Marwa attended the trial of the material review of the 1946 Criminal Code (KUHP 1946) held at the Constitutional Court (MK) in Central Jakarta. Tsania Marwa's presence this time is as one of the victims in a child custody case.
As is known, she has custody of her two children based on the decision of the Depok Religious Court. However, her two children are alleged to have been taken away and not handed over by her ex-husband, Atalarik Syah.
"My position in this trial is as a factual witness. Why I'm here is because I want to guard this material review which certainly affects my case," said Tsania Marwa after the trial.
Tsania Marwa explains that although the Depok Religious Court has ruled her as the custodian since 2017, she cannot bring her two children to live with her. This is because child custody does not have permanent legal power.
"So does child custody have any power? I answer no. Because child custody does not have permanent power, why? Because there is no law that protects," she said.
Regarding Article 330 of the Indonesian Criminal Code (KUHP) regarding child abduction committed by one of the parents, which according to her cannot be enforced by law enforcement even if there is a report.
"So there must be strength and firmness of the law for this custody right to be considered. In my case, until there is a decision from an institution, it should have legal force. Ideally, if there is no compliance and disobedience, there should be criminal sanctions," he said.
Tsania Marwa has high hopes for the legal institutions and law enforcement to provide justice to all custodial parents. She hopes that the Constitutional Court judges will grant the request to review the 1946 Criminal Code for the happiness of all parents who have custody of their children.
"Our basic and absolute rights as custodial parents are affirmed by the state, we can obtain legal protection for all children," said Tsania Marwa.
"I knock on the door of the judge's heart to grant this lawsuit for the benefit of the rights of parents and children in Indonesia," he concluded.
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