Retnowulandari, Wahyuni (2011) Analisis Hak Perempuan Dan Anak Atas Harta Benda Perkawinan Akibat Perceraian Dalam Perspektif CEDAW (Studi Perbandingan Hukum Keluarga Australia Dengan Indonesia). Jurnal Bina Mulia Hukum, 1 (2). pp. 115-134. ISSN 1410-0088

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Marital property generally becomes a problem in case of marriage breakdown either by divorce or death. The problem will become more complex if the marriage was performed by a pair of different nationalities, or by an Indonesian citizen marrying abroad, because it involves provisions of two different systems of law Indonesia's marriage law allows mixed marriages (meaning marriages between spouses of different nationalities or overseas marriages). This study examines the family law of Australia as a neighboring country. Problems generally arise in cases of divorce; whether the law on Marital Property in Australian accordance to the CEDAW so that the rights of women and children are protected? And whether the rights of women and children in Australia are better than in Indonesia. This comparative legal study is based on secondary data, and primary legal materials, such as the Australian Marriage Act 1961, the Family Law Ad 1975 and Act No. 1 of 1974 jo Islamic Law Compilation and the Indonesian Marriage Act of 1974 as well as the Indonesian Civil Code. This study indicates that family law in Australia was created pursuant to CEDAW article 16c and where the rights of women and children are protected. More­ over women and child protection arrangements in Australia proceed to be better than in Indonesia, due to the fact that according to Australian family law joint property in marriage need not be fixed before marriage,but rather based on mutual agreement between the parents during the divorce deal before the judge. To the contrary, Indonesian Law determined a fifty-fifty share, which contradict the by CEDAW rules. Therefore, after Indonesia has ratified the CEDAW it is imperative that Indonesia reform our marriage and divorce law, as well as our inheritance- and its related conflict of laws rules.

Item Type: Article
Uncontrolled Keywords: Rights of women and children
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Diona Diona Diona
Date Deposited: 31 Jul 2017 06:12
Last Modified: 02 Aug 2017 07:01

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