Comparison of Family Law Systems in the United States, Indonesia, and France: A Case Study of Marriage and Divorce Rules

Family law systems in different countries significantly differ between marriage and divorce regulations. This research aims to compare the family law systems in several selected countries and analyze the marriage and divorce regulations in these countries. The research method used is qualitative with a case study approach. At the same time, primary and secondary data are obtained from literature studies where the retrieval process is from various trusted sources such as journals, books, and legal regulations. Data analysis uses descriptive analysis of research methods by collecting data after the actual data is compiled, processed, and analyzed to provide an overview of the existing problems. The results show that the selected countries, namely the United States, France, and Indonesia, have different marriage requirements, divorce proceedings, property division, and child custody regulations. An in-depth discussion of these differences provides a better understanding of the family law system in each country and its implications for individuals involved in the marriage and divorce process. This research concludes that comparing family law systems in different countries opens up room for developing better regulations to protect the interests of individuals and families in the context of marriage and divorce.


INTRODUCTION
The family law system is one of the critical aspects of the legal structure of a country.
Every country has laws governing marriage, divorce, and other family rights.These differences often reflect different cultural, religious, and traditional values in each country (Maulida Zahra Kamila., 2022;I R Siddi and T MA, 2017).In this case study, we will compare marriage and divorce regulations in other countries to understand the diversity of family law systems worldwide (Drabble et al., 2021;Gautier, 2020).
Different family law systems in other countries significantly influence family life, individual rights, and social order.Therefore, it is crucial to analyze the existing regulations in the context of marriage and divorce in some countries as case studies (Vinet & Zhedanov, 2011).
One fascinating country to compare is the United States.The United States has a very culturally, religiously, and ethnically diverse society.The family law system in the United States is primarily based on common law, which varies between states.For example, when it comes to marriage, some states recognize same-sex marriage while others do not (Mohd Nor et al., 2022).This reflects the different views and values that exist in American society (Tsaoussis, 2004).
In contrast, we can look at the marriage and divorce regulations in Saudi Arabia, a country with a legal system based on Islamic Sharia.In Saudi Arabia, marriage is governed by strict Islamic law.Polygamy is permitted under specific conditions, while divorce can be complicated and requires strict requirements (Movsesian, 2011).This reflects the role of religion in regulating family affairs in a country with a majority Muslim population.
On the other hand, in some countries in Western Europe, such as France and Germany, family law systems focus more on protecting individual rights and gender equality.For example, same-sex marriage is legally recognized in France, and divorce law adopts a more egalitarian approach (Želčević-Diamel, 2018).In addition, family law in these countries also provides vital protection for children in divorce cases (Woodford et al., 2010).
The Southeast Asian context also offers interesting differences in family law systems.
For example, in Indonesia, the country with the largest Muslim population in the world, marriage and divorce are governed by Islamic law and national civil law (Vinet & Zhedanov, 2011).At the same time, customary systems play an essential role in some aspects of family life.In recent years, Indonesia has adopted a policy of higher-age marriage and banned child marriage, reflecting social changes and efforts to protect children's rights (Brown, 2017).
Through a comparison of family law systems in different countries, we can see diversity in cultural values, religion, and society's views on marriage and divorce.This case study will help us understand the complexity of the world's family law systems and their impact on family and individual lives.

PROBLEM STATEMENT
The problem statement consists of at least one problem.The problem statement should be brief, clear, and concise and there is conformity with the title of the study.The formulation of the problem raised is as follows: 1. How do marriage regulations in different countries affect the rights and obligations of married couples? 2. How do family law systems in different countries govern divorce proceedings and their impact on divorced couples and their children?3. Are there significant differences between marriage and divorce regulations in countries with different family law systems, and what are the implications for family life and society?

RESEARCH METHODS
This research method involves analysis of legislation, case studies, and comparing family law systems in different countries.The countries selected for the case study were the United States, France, and Indonesia.The data was obtained from laws, regulations, journals, and court decisions related to marriage and divorce in these countries.The analysis was conducted to identify similarities and differences in marriage requirements, divorce procedures, individual rights, and other aspects of the family law system in each country.Data analysis uses descriptive analysis of research methods by collecting data following the truth.
Then, the data is compiled, processed, and analyzed to provide an overview of the problem.

DISCUSSION
Family Law Systems in the United States, Indonesia, and France The family law system is an essential part of the legal system in every country.The family law system governs married couples' relationships by regulating marriage and divorce.
It provides a framework that governs their rights and obligations during marriage and divorce proceedings if they occur.Each country has a unique family law system, which reflects the cultural, religious, and social values of the people in the country (Pujiono et al., 2021).This expose will explore the family law system in the United States as a case study.
The United States has a different family law system in each state, and there are often significant differences in marriage and divorce regulations (Eekelaar & George, 2014;Sendall, 2014;Zervogianni, 2022).In this introduction, we will look at an overview of the family law system in the United States, considering the rules of marriage and divorce and their implications for the rights and obligations of married couples (Mohd Nor et al., 2022).
The United States is a pluralistic country comprising 50 states with their respective legal jurisdictions.Therefore, the states, not the federal government, regulate marriage and divorce regulations.This has resulted in great diversity in marriage requirements and divorce procedures across the United States ("Family Law in the Fifty States 2005-2006: Case Digests," 2007;Garrett et al., 2017).
First, let's look at the marriage regulations in the United States.Marriage requirements may vary by state.Generally, couples who wish to marry must reach a certain age (18 years old), meet eligibility requirements, such as not having a valid marriage bond, and provide the necessary identification documents.However, states also have differences regarding residency requirements, blood tests, parental consent for couples under a certain age, and recognition of same-sex marriage.For example, some states in the United States allow same-sex marriage, while others still prohibit it (Warren, 2021).In 2015, the United States Supreme Court ruled that all states recognize and allow same-sex marriage.This decision affected marriage regulations across the state, and same-sex couples now have equal access to marriage rights and obligations across the United States (Tsaoussis, 2004).
Next, let's consider the divorce regulations in the United States.States in the United States use two types of systems in divorce proceedings: "no-fault divorce" and "fault divorce."(Song, 2017).In a "no-fault divorce," a couple can file for divorce without proving wrongdoing or violation of the law by the other spouse.Common reasons used for "no-fault divorce" are "irreparable differences" or "tolerable splits."In a fault divorce, a spouse must prove that the other spouse committed an offense or act that caused the marriage to malfunction (Vinet & Zhedanov, 2011).
In addition, there are also differences in terms of division of property and child support during divorce proceedings.Some states apply the "community property" principle, where property acquired during marriage is considered joint property and divided equally between spouses.In other states, an "equitable distribution" system is applied (Vinet & Zhedanov, 2011), in which courts consider certain factors to divide the estate fairly, but it does not necessarily mean a precisely equal division (Garrett et al., 2017;Vinet & Zhedanov, 2011).
In addition to marriage and divorce, the family law system in the United States also includes rules on parental rights and obligations, adoption, and child protection.The state governs the rights and duties of parents and may vary from state to state.For example, in the case of divorce or separation, the court will decide on child custody, visitation schedules, and child support.The state also regulates adoption and involves a different process within each state (Gautier, 2020;Vinet & Zhedanov, 2011).
In a case study of the family law system in the United States, we see that marriage and divorce regulations can significantly impact the rights and obligations of married couples.
Differences in marriage requirements, recognition of same-sex marriage, divorce procedures, and property division can result in different treatment among couples in other states.
Therefore, efforts to achieve equality and fair protection for all teams continue to struggle in the United States.
In addition, it differs from Indonesia with the largest Muslim population in the world (Ruslan Haerani, 2024), and most of the population practices Islam.As a country with a solid religious foundation, the family law system in Indonesia is generally based on Islamic law, with some exceptions for certain ethnic groups who apply a non-Islamic family law system based on their customs and beliefs (Mallarangan, 2008;Nasution & Nasution, 2021).
In the Indonesian family law system, marriage is regulated by Law Number 1 of 1974 concerning Marriage (Lumingkewas, 2022;Yanni Dewi Siregar & Kelana, 2022).This law governs the terms of marriage, the rights and obligations of spouses, and the divorce procedure.Marriage requirements in Indonesia include age requirements, parental consent for those who have not reached the age of majority, and administrative requirements such as identity documents and health certificates (Fatma, 2019;Mallarangan, 2008).
In addition, the Marriage Law also regulates several essential aspects of marriage, such as the rights and obligations of spouses.The rights of spouses include the right to live together, care for and educate children, inheritance rights, and rights and responsibilities in economic relations between husband and wife.The law also regulates divorce procedures through judicial proceedings and alternative mechanisms such as mediation (Mallarangan, 2008;Putra & Acela, 2023;Yanni Dewi Siregar & Kelana, 2022).
Furthermore, Islam plays a significant role in the context of marriage in Indonesia. 1   For Muslim couples, marriage must be performed religiously and civilly, with the marriage administration process involving the Office of Religious Affairs (KUA) (Abdulah Pakarti et al., 2023).In Islamic religious marriages, several additional requirements must be met, such as the presence of a marriage guardian, dowry, and marriage witnesses.Marriage regulations for non-Muslims in Indonesia also apply according to their religion and customs (Anshari, 2023;Sulistyarini, 2022).
However, it is essential to note that in Indonesia, there is also a wide variety and diversity in the family law system.In some regions of Indonesia, especially those implementing customary law systems, there are different marriage regulations and practices.
For example, in the Tapanuli area, North Sumatra, there is a Batak wedding tradition that involves a series of complex traditional ceremonies and special requirements that must be met (Adenisatrawan, 2021;Khusairi & Mandala, 2023).
In addition, there have been efforts to update and revise marriage regulations in Indonesia in recent years.In 2019, the Indonesian government launched the Draft Law on Family Protection, which aims to update and consolidate family-related laws, including the marriage law.The draft law covers aspects such as raising the minimum age of marriage, protection against domestic violence, and providing legal protection for illegitimate spouses (Adenisatrawan, 2021;Ansori & Juliansyahzen, 2022;Rahmawati, 2020).In the context of divorce, divorce procedures in Indonesia can be carried out through two channels: divorce in court and divorce outside the court (mediation).On the divorce track in court, couples who want to file for divorce with the court that has jurisdiction over the case.
On the other hand, the mediation route offers an alternative to the peaceful and out-ofcourt settlement of marital disputes.In mediation, couples seeking divorce work with a neutral, trained mediator to agree on controversial marital issues, such as child custody, division of property, and economic support.Mediation can help couples to get a mutually beneficial solution by avoiding lengthy and costly judicial processes.
It is important to note that the family law system in Indonesia continues to change and evolve following changes in social, cultural, and community values.Various challenges and issues are faced in the context of marriage and divorce regulations in Indonesia, including protection against domestic violence, gender equality, and protection of children's rights.
Efforts are constantly being made to improve safety and justice for married couples and families in Indonesia (Fatma, 2019).
Furthermore, France is one country with a distinctive family law system.France has a rich legal tradition and a family law system based on the country's laws and regulations in force.The Code Civil, Napoléon, or Napoleon, governs family law in France.The Civil Code is one of France's most important legal documents and has influenced the legal system in many countries around the world (Bessière, 2022;Vinet & Zhedanov, 2011;Želčević-Diamel, 2018).
In the French family law system, marriage is a contract between husband and wife.
The Civil Code regulates marriage terms, spouses' rights and obligations, and divorce procedures.Marriage requirements in France include age requirements, parental consent for those who have not reached the age of majority, and administrative requirements such as filing marriage applications at the Mairie (local government office) and marriage registration at the Civil Registry Office (Želčević-Diamel, 2018).
In addition, the Civil Code also regulates essential aspects of marriage, such as the rights and obligations of spouses.Married couples in France have the right to live together, love, respect, and support each other.They also should provide support and security to each other.The Civil Code also regulates the rights and obligations of spouses in terms of financial aspects, joint property, and inheritance rights (Šenavičius, 2014).
In the context of divorce, the French Civil Code recognizes two types of divorce, namely divorce par consentement mutuel and divorce based on specific reasons (divorce pour faute).Mutual consent divorce is when a husband and wife agree to divorce and reach an agreement on issues such as child custody, division of property, and economic support.This procedure allows for a faster divorce without involving a trial (Fagnani & Letablier, 2004;Šenavičius, 2014;"Oxford Handb. Comp. Adm. Law," 2020).
On the other hand, divorce on specific grounds involves evidence that one of the spouses seriously violated marital obligations.Such violations can be infidelity, domestic violence, or negligence in providing financial support.In the case of divorce based on specific grounds, the court will consider the evidence and arguments put forward by the couple seeking divorce before deciding on divorce and related issues (Šenavičius, 2014;Windebank, 2014).
It is important to note that France's family law system has also changed over time.In 2017, a law called the "Modern Family Law" was introduced to update and adapt French family law to social changes and societal values.This law brought essential changes in samesex marriage (marriage pour tous), which legalized marriage between same-sex couples in France (Araya, 2011;Šenavičius, 2014).
In addition, in recent years, there has also been an increase in awareness and efforts to protect children's rights in the context of marriage and divorce in France.More attention is paid to issues such as child custody, sharing time with children, and child protection from the adverse effects of parental divorce (Fagnani & Letablier, 2004;Windebank, 2014).
For example, spouse A, a French man, and spouse B, a foreign woman who is a citizen of the United States, meet in France and decide to get married.They apply for marriage at the local government office and meet all the established requirements.Civil marriage ceremonies are legally performed in France, and they also perform religious wedding ceremonies to fulfill the family traditions of Couple B.
Couples A and B face serious marital problems a few years after marriage and can no longer harmoniously live together.After consulting with lawyers, they decided to divorce by mutual consent.They agreed on property sharing, child custody, and financial support.Their divorce application was filed with the court, and after the corresponding process, their divorce was legalized.
In this case, the family law system in France provides a legal framework that allows Couple A and Couple B to arrange their divorce amicably.They can reach adequate agreement on important issues such as child custody and division of property.The clear and structured family law system in France helps these couples address their divorce proceedings fairly and orderly (Windebank, 2014).The family law system in France governs various aspects of marriage and divorce with associated legal requirements, procedures, and repercussions.Marriage requirements include age restrictions, previous marital status, and other administrative requirements.The marriage process involves registration at the local government office and celebrating a civil wedding.
Divorce in France can be done either by mutual consent or on specific grounds, and the court will consider issues such as child custody, division of property, and financial support (Bessière, 2022).
Case studies on marriage and divorce in France show that this family law system provides a clear and structured framework for couples who want to marry or divorce.Couples can arrange their divorce amicably through a mutual agreement recognized by the court.This allows them to resolve critical issues such as child custody and fair property division.
Differences and Similarities in Family Law Systems in the United States, Indonesia, and France.

Similarities and Differences in Family Law in the United States, Indonesia, and France
The law is present to control, including family law, to regulate life problems between humans in the realm of family.Of course, in every country, family law is not the same and must be different.Still, it does not rule out the possibility of similarities in each country, including those researchers will discuss.
As for the similarities in family law: 1. Marriage: In these three countries, marriage is considered a legal bond between two or more people, involving age requirements, consent, and specific administrative procedures (Bessière, 2022).
2. Rights and Duties of Spouses: These three countries regulate the rights and obligations of married couples, such as the right to live together, child custody, and the commitment to be faithful and mutually aided.
3. Divorce: In the United States, Indonesia, and France, couples can file for divorce based on specific reasons.Although divorce requirements and procedures may differ, the concept of divorce as the termination of the marriage bond is generally recognized in family law in all three countries.Differences in family law: (Anshari, 2023;Hakim, 2022).
1. Source of Law: The United States has a standard law-based legal system, with family law varying between states.The family law system in Indonesia is based on Islamic law, customs, and civil law.Meanwhile, France has a robust civil law tradition, where the Civil Code governs family law.
2. Same-sex marriage: France is one of the countries that has legalized same-sex marriage, allowing same-sex couples to marry legally.In the United States, recognition of same-sex marriage varies between states, with some states allowing it while others do not.In Indonesia, same-sex marriage is not legally recognized.
3. Divorce: Divorce requirements and procedures also vary in these three countries.
In the United States, there are two main approaches to divorce: "no-fault divorce" and "fault divorce."In Indonesia, divorce proceedings can be carried out through judicial channels or alternative mechanisms such as mediation.Although the general goal is to protect the interests of family members, approaches and protection mechanisms may differ in their implementation.
In addition to these similarities and differences, there is also the influence of cultural, religious, and historical factors that shape family law in each country.In the United States, cultural and religious plurality influences diversity in marriage and divorce practices.In Indonesia, Islam significantly affects family law, while local customs also play an essential role in some aspects of family law.A civil solid law tradition reflects distinctive French social and cultural values in France.

CONCLUSION
A comparison of family law systems in the United States, Indonesia, and France reveals differences in the approaches and regulations of marriage and divorce.The United States adheres to a civil family law-based system with unions governed by state law.
Indonesia has a family law system based on religious law, especially Islam, with marriage regulated in the Compilation of Islamic Law.France has a family law system based on civil law, with unions governed by the Civil Code.These differences in family law systems have significant implications for individuals and society.For example, in the case of divorce, the difference between a no-fault divorce system and an error-free divorce system can affect how courts make decisions regarding child custody, division of joint property, and financial support.In addition, differences in marriage requirements, such as age limits or parental consent, can also affect the accessibility and protection of individual rights.This comparative study of family law systems in different countries is essential for a broader understanding of how societies regulate and protect family relationships.By studying the differences and similarities between family law systems, we can see the diversity of values, traditions, and norms prevailing in different societies.It can also help formulate better policies and support the protection of human rights in the context of marriage and divorce.
Meanwhile, in France, theprinciple of divorce without blaming each other is adhered to, where couples can divorce without having to prove guilt or violation of the law by the other spouse.4. Legal Protection: Each country has a different family law system for protecting individual rights, children's rights, and protection against domestic violence.