Comparative Legal Determination of Post-Divorce Child Custody in Indonesia and Singapore
DOI:
https://doi.org/10.46799/ajesh.v3i12.484Keywords:
Comparative L aw, Child Custody, Indonesia and SingaporeAbstract
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.
Published
Issue
Section
License
Copyright (c) 2024 Sarah Nathaya Wibowo, Flora Dianti
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International. that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
