Reconstructing justice in marital property division for persons with disabilities in Indonesian marriage law

Abstract

Purpose: to reconstruct the concept of justice in the division of marital property for persons with disabilities within Indonesian marriage law by developing a disability-sensitive framework that considers functional capacity, marital contribution, and substantive justice in determining the equitable distribution of marital property after divorce.

Method: this study employed normative legal research using statutory and conceptual approaches. Legal materials were analyzed through interpretative and discourse analysis to reconstruct justice in the division of marital property for persons with disabilities.

Findings: the current regulation of marital property division in Indonesia, which is primarily based on equal distribution, requires a substantive justice approach for persons with disabilities. Justice should be assessed proportionally by considering functional capacity, actual contributions, the distinction between inability and negligence, and post-divorce vulnerability.

Implications: to the development of Indonesian family law by proposing a disability-sensitive framework for marital property division that promotes substantive justice, equality, and the protection of human dignity.

Originality: lies in reconstructing marital property justice through a disability-sensitive approach by integrating distributive justice theory and disability rights principles into Indonesian marriage law.