A Juridical Analysis Of Child Custody Rights After Divorce Under Indonesian And Thai Law

Divorce is a legal event that not only terminates marital relations but also creates legal consequences for children, particularly concerning child custody arrangements. As subjects of law, children are entitled to proper care, protection, and optimal development; therefore, custody decisions after divorce must be based on the principle of the best interests of the child. This study aims to conduct a juridical analysis of child custody regulations after divorce under Indonesian and Thai law and to examine the differences in custody settlement mechanisms between the two legal systems. This research employs a normative legal research method using statutory and comparative law approaches. The legal materials consist of primary legal sources, including statutes and civil law codes, as well as secondary legal materials such as legal literature and scholarly journals. The findings indicate that Indonesia adopts a pluralistic legal framework for child custody, influenced by national law and religious law, particularly through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law. In contrast, Thailand applies a more flexible approach under the Thai Civil and Commercial Code by granting broad discretion to the courts to determine custody based on factual circumstances and the welfare of the child. Despite these differences, both legal systems consistently emphasize the principle of the best interests of the child as the primary consideration in post-divorce custody decisions.