Case of Children Ester Magdalena Kembuan: Six years there is no legal certainty

VIRALTERKINI.ID, JAKARTA – The struggle of a mother from Manado, Ester Magdalena Kembuan, entered the sixth year in finding clarity of the existence of her biological daughter.

Since the baby, the child was brought by a biological father with the initials MC (35) who was known to live in Harapan Indah, Bekasi City with a temporary promise.

But that promise was never kept until now, making the mother never again meet the child she born.

This case began to get extensive attention because of the alleged violation of serious law.

In January 2024, Ester reported the incident to the Jakarta Metropolitan Police with the suspicion of criminal acts in accordance with Article 330 of the Criminal Code concerning Children’s Division or abduction.

The report was then transferred to the South Jakarta Police Station to be followed up.

In the course of the case, the police had examined a number of witnesses, gathered evidence in the form of children’s birth documents, and called the MC reported to undergo an examination.

However, almost two years passed, there has been no significant development. The reported status has not yet been named a suspect.

In February 2025, the South Jakarta Police Station had facilitated resolution efforts through the Restorative Justice pathway by bringing together Esters and MCs.

The hope, there is a path of peace so that children can return to their mothers. But the effort failed. The MC refused to return the child, making the meeting ended. Since then, the legal process was considered stagnant.

“Even though there has been an official report, witness examination, even mediation meetings, in fact this case does not show progress. Six years is a very long time for a mother to wait for certainty,” said Ester’s attorney, Bonny Andalanta Tarigan, SH

Seeing the slow handling of cases, Esther and his attorney seek support from various protection institutions.

On July 31, 2025, official complaints were submitted to the National Commission on Anti Violence against Women (Komnas Wanita).

Furthermore, on August 26, 2025, complaints also entered the Indonesian Child Protection Commission (KPAI). Do not stop there, on September 11, 2025 they visited the National Commission on Child Protection (Komnas PA).

The three institutions said they would follow up on the report, including by asking for clarification from the South Jakarta Police Station and calling the reported for questioning.

The support of these independent institutions becomes important so that the case still receives public attention and does not stop at the investigator’s desk.

According to Bonny, this case concerns the fundamental interests of a mother and child.

“We hope that investigators dare to continue the legal process to the end. Do not let this case end without certainty, because this is not just a matter of personal, but a matter of child rights that from birth is separated from his mother,” he said.

Despite regretting the slow development of the case, Bonny also gave appreciation to the South Jakarta Police who had facilitated the Restorative Justice meeting and responded to the report from the beginning.

“We appreciate the steps of the South Jakarta Police who have opened a dialogue space between the victim and the reported party. That shows the existence of good intentions in handling this case. However, the next step still must lead to a more assertive legal certainty,” Bonny said.

He asserted, the support of independent institutions is indeed important, but the main key remains in the hands of law enforcement officials.

“We hope that the South Jakarta Regional Police can continue their good work by making clear legal decisions. This is for the sake of a mother’s justice as well as the future of a child,” he added.

In addition to legal counsel, Esther also revealed his heart. He really hopes to be able to meet again with his biological daughter after six years of separating.

“I just want my child to return to my lap. That is my biggest prayer and hope,” Esther said with teary eyes.

Full support also came from her husband, Raden Syahputra Alam. He emphasized that from the beginning of a relationship with esters, openness became the main thing.

“When Esther told his past, I immediately fully support his struggle to meet again with his daughter. I swear to care for, maintain, and provide a decent life for the child like my own biological child,” said Raden.

The presence of Raden became the support of the spirit of esters in fighting for human rights as a mother.

The couple hopes, with public support and legal partnership, their simple dream to reunite as a family can be realized immediately.

The victim’s family hopes that the South Jakarta Police will not delay longer the legal process. After six years of waiting, they demanded that this case immediately continue to the next stage.

“Our hope is simple: a mother can hug her child again, and a child can feel her right to grow with her mother,” said Bonny.

This case also highlighted the importance of the consistency of law enforcement officers in handling cases involving children.

According to family law experts, the slow handling of cases can have a negative impact on the fulfillment of children’s rights, including the right to get love, education, and grow in a healthy family environment.

This case is now in the public spotlight, mainly because it takes place in the midst of state efforts to strengthen the protection of children and women.

Support from the wider community also began to flow, demanding that the authorities move faster.

“The state must be present in a case like this. Do not let a mother continue to wait without certainty. More than that, do not let a child lose her rights to be close to her biological mother,” said a child protection activist.

With the increasing amount of attention from various parties, the family hopes that this case will no longer run on the spot.

The legal process is expected to immediately find a bright spot, so that six years of waiting for a mother will not be in vain. (ma)