Konvergensi Keadilan dalam Penetapan Hak Asuh Berbasis Kepentingan Terbaik Anak

Justice Convergence Paradigm; Child Custody; Best Interests of the Child; Judicial Reasoning

Authors

  • Nani Wigati
    pelangiku24@gmail.com
    Universitas Islam Indonesia/Pengadilan Agama Pontianak, Indonesia
1 August 2026
1 August 2026

Child custody adjudication following divorce continues to show disparities in judicial reasoning due to the absence of a philosophical framework integrating the best interests of the child. This study aims to analyze the justice convergence paradigm and reconstruct judicial reasoning by positioning the child's best interests as the central axis of judicial consideration. This normative legal research employs statutory, conceptual, philosophical, and case approaches through the analysis of six child custody decisions. Data were analyzed qualitatively by synthesizing Aristotle's distributive justice, John Rawls' justice as fairness, Jeremy Bentham's utilitarianism, and the best interests of the child principle. The findings reveal that the quality of judicial reasoning depends on the convergence of distributive justice, fairness, and utility rather than the number of legal norms cited. This study proposes a Justice Convergence Paradigm that transforms the best interests of the child from a normative principle into the central axis of judicial reasoning and introduces judicial reasoning indicators to promote more consistent, transparent, and substantively just child custody decisions.