Perlindungan Hak Finansial Pasca-Perceraian: Studi Komparatif Diskresi Hakim di Indonesia dan Malaysia

Abstrak

This study aims to compare the application of judicial discretion in the financial protection of post-divorce rights in Indonesia and Malaysia. This research uses a qualitative approach with a case study, focusing on the analysis of judicial decisions regarding the division of marital assets and alimony after divorce. The findings reveal that in Indonesia, judges tend to consider the socio-economic conditions of the financially weaker party, such as the mother caring for children, and tend to make decisions in favor of them. Meanwhile, in Malaysia, despite clear legal guidelines, judicial decisions are heavily influenced by the personal views of the judge on justice, leading to variability in decisions. This research contributes to the scientific field by highlighting the importance of clearer guidelines in the application of judicial discretion to ensure more equitable and consistent decisions, providing optimal protection for the financially vulnerable parties post-divorce.