Abstract:
The division of marital property after divorce has become a crucial issue that often disadvantages
women due to structural inequalities and patriarchal cultural influences. This study aims to analyze the
legal regulation of marital property division in Indonesia and Thailand from a gender-based justice
perspective, as well as to evaluate the effectiveness of legal protection for women’s economic rights after
divorce. This research employs a normative juridical method with a comparative approach to examine the
regulations of both countries. The primary legal materials include Law No. 1 of 1974 on Marriage, the
Compilation of Islamic Law, the Civil and Commercial Code of Thailand, and the Gender Equality Act of
Thailand. The findings indicate that Indonesia adopts the principle of joint marital property (gono-gini) with
an equal distribution system (50:50), as stipulated in Article 37 of the Marriage Law and Article 97 of the
Compilation of Islamic Law. While this system provides legal certainty, it tends to be rigid and insufficiently
accommodates women’s non-economic contributions within the household. In contrast, Thailand applies the
concept of sin somros (marital property) with an equitable distribution system that is more flexible, taking
into account the actual contributions of each party, including women’s domestic roles. From a gender justice
perspective, Indonesia’s equal distribution system appears formally fair but fails to reflect substantive
justice, whereas Thailand’s system is more responsive, although it relies on judicial discretion. The
effectiveness of legal protection in Indonesia is hindered by patriarchal culture, limited access to justice, and
inconsistent court decisions, while Thailand demonstrates a more progressive legal framework. This study
recommends the reconstruction of Indonesia’s joint property system by maintaining equal distribution as
the default rule while allowing greater judicial flexibility to consider substantive contributions and the post
divorce economic conditions of women.
