Protecting Women's Economic Well-Being: A Cross-Border Analysis Of Marital Property In Indonesian And Malaysian Family Law

Abstract

This study examines the protection of women's economic rights through marital property division in Indonesia and Malaysia, focusing on the concepts of harta bersama and harta sepencarian. Using a qualitative comparative case study design, data were collected through in-depth interviews with 18 women who had experienced divorce or property disputes in Lampung (Indonesia) and Selangor (Malaysia), supplemented by analysis of court decisions and legal documents. Thematic analysis revealed three main findings. First, women faced significant difficulties in proving asset ownership due teo lack of formal documentation of their non-financial contributions. Second, patriarchal norms created power imbalances during negotiations, forcing many women to accept unfair settlements. Third, judicial recognition of indirect domestic contributions remained inconsistent, although Malaysian courts showed relatively greater acknowledgment compared to Indonesian courts. The study concludes that despite normative legal protections, implementation gaps persist due to structural evidentiary barriers and cultural inequalities. Reforms should include more inclusive evidence rules, gender-sensitive judicial training, and enhanced legal literacy for women. This research contributes to comparative family law scholarship and offers practical recommendations for policymakers in both countries.