Year: 2024
Type: article
Abstract: Divorce brings significant legal consequences, one of which is the dispute over child custody, requiring clear and detailed regulations to prioritize the welfare and best interests of children. This study examines the comparison of child custody provisions after divorce under Indonesian and Singaporean Family Law, focusing on identifying gaps and potential improvements for Indonesia. Every individual aspires to build a harmonious family, but marital conflicts can lead to divorce, affecting children and creating new legal challenges. This research uses a qualitative method, analyzing legal documents and relevant literature to explore how both legal systems address child custody. The findings indicate that Indonesia's regulations lack definitive and structured guidelines, often causing ambiguity, while Singapore's laws provide more comprehensive frameworks prioritizing children's welfare. The study suggests that Indonesia can adopt key insights from Singapore's legal system to establish alternative approaches and improve child custody provisions. This research has implications for policymakers in creating robust legal frameworks to ensure children’s well-being remains central in custody decisions, providing solutions to minimize post-divorce conflicts and better protect children's rights.
Authors: Sarah Nathaya Wibowo, Flora Dianti
Institution: University of Indonesia
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405940219