Dian Kuswandini, The Jakarta Post, Jakarta
An American citizen temporarily lost custody over his six-year-old daughter Monday when he lost a legal battle against his wife in the South Jakarta District Court.
Jonathan Kine and his lawyers immediately protested when the verdict, based on the 2002 Child Protection Law and the 2004 Domestic Violence Law, was handed down.
They said the court should not have based its decision on local laws because Kine and his wife, Purnima Ralhan Kine, were foreign nationals.
Presiding judge Syafrullah Sumar ruled Ms. Kine had sole custody over the couple's child for a year or until another court order was handed down.
Kine must ask for his wife's permission before seeing his daughter, according to the verdict.
The court said police should ensure the safety of Ms. Kine, her parents and the couple's daughter. The judge said the verdict was meant to protect the child from psychological trauma during her parents' dispute.
"If he (Kine) doesn't like the court's decision, he should appeal," Syafrullah told The Jakarta Post outside the courtroom.
In August last year, Ms. Kine moved into her parents' house in Kuningan, South Jakarta, after a dispute broke out between her and her husband. Ms. Kine did not allow Kine to see their daughter.
The couple had been together for 10 years.
Ms. Kine asked the court to cancel her husband's guardianship over their daughter, saying sole custody should be granted to her and her parents.
Ms. Kine also filed a report with the Jakarta Police, accusing her husband of beating and threatening her.
Kine said he was disappointed by the verdict as he did not commit any crime. However, he said he was more upset about not being able to see his daughter.
"They haven't allowed me to see my daughter for the past four months, so I'm not sure whether they will give me permission now," Kine said.
His lawyer, Suhendra Asido, said the verdict should not have been based on the allegations of violence as police investigations were still taking place.
He criticized the court for using Indonesian laws to handle the case due to the fact the couple were married in the United States. Their child, who was born in Jakarta, is also an American citizen.
"So this case should have been decided according to American laws," he said.
"Besides, Jonathan and his wife are not divorced yet, which means they both have equal rights when it comes to taking care of their child."
Another member of Kine's legal team, Bertua Hutapea, said the verdict was the first of its kind in the country.
She said International Civil Law was used in the country and was based on the nationality system, meaning any case involving foreigners should be decided under the laws of their own country.
Jonathan said he and his lawyers would report the alleged legal violation to the Judicial Commission and planned to appeal to the Supreme Court.
Ms. Kine's lawyer Aguslina refused to comment on the verdict.
"We need to see the written decision first," she told the Post.
An American citizen temporarily lost custody over his six-year-old daughter Monday when he lost a legal battle against his wife in the South Jakarta District Court.
Jonathan Kine and his lawyers immediately protested when the verdict, based on the 2002 Child Protection Law and the 2004 Domestic Violence Law, was handed down.
They said the court should not have based its decision on local laws because Kine and his wife, Purnima Ralhan Kine, were foreign nationals.
Presiding judge Syafrullah Sumar ruled Ms. Kine had sole custody over the couple's child for a year or until another court order was handed down.
Kine must ask for his wife's permission before seeing his daughter, according to the verdict.
The court said police should ensure the safety of Ms. Kine, her parents and the couple's daughter. The judge said the verdict was meant to protect the child from psychological trauma during her parents' dispute.
"If he (Kine) doesn't like the court's decision, he should appeal," Syafrullah told The Jakarta Post outside the courtroom.
In August last year, Ms. Kine moved into her parents' house in Kuningan, South Jakarta, after a dispute broke out between her and her husband. Ms. Kine did not allow Kine to see their daughter.
The couple had been together for 10 years.
Ms. Kine asked the court to cancel her husband's guardianship over their daughter, saying sole custody should be granted to her and her parents.
Ms. Kine also filed a report with the Jakarta Police, accusing her husband of beating and threatening her.
Kine said he was disappointed by the verdict as he did not commit any crime. However, he said he was more upset about not being able to see his daughter.
"They haven't allowed me to see my daughter for the past four months, so I'm not sure whether they will give me permission now," Kine said.
His lawyer, Suhendra Asido, said the verdict should not have been based on the allegations of violence as police investigations were still taking place.
He criticized the court for using Indonesian laws to handle the case due to the fact the couple were married in the United States. Their child, who was born in Jakarta, is also an American citizen.
"So this case should have been decided according to American laws," he said.
"Besides, Jonathan and his wife are not divorced yet, which means they both have equal rights when it comes to taking care of their child."
Another member of Kine's legal team, Bertua Hutapea, said the verdict was the first of its kind in the country.
She said International Civil Law was used in the country and was based on the nationality system, meaning any case involving foreigners should be decided under the laws of their own country.
Jonathan said he and his lawyers would report the alleged legal violation to the Judicial Commission and planned to appeal to the Supreme Court.
Ms. Kine's lawyer Aguslina refused to comment on the verdict.
"We need to see the written decision first," she told the Post.
