KEPASTIAN HUKUM TERHADAP EKSEKUSI PUTUSAN PENGADILAN TENTANG HAK NAFKAH ANAK

  • Dheni Setiawan Alumni Prodi Ilmu Hukum UMRAH
  • Marnia Rani Dosen Prodi Ilmu Hukum UMRAH
  • Pery Rehendra Sucipta Dosen Prodi Ilmu Hukum UMRAH
Keywords: Living, Divorce, Children

Abstract

Living is a husband's duty to his family. In the event of divorce, the husband is no longer obliged to make a living for his wife other than what has been stipulated by the court, except for the cost of the hadhanah or the cost of child maintenance. A father is still obliged to support his child even if he is divorced from his mother, in accordance with the applicable marriage law in Indonesia. The amount of this fee is decided by deliberation in accordance with the propriety that has been determined by the Panel of Judges. This research approach is a normative juridical (library research) with an approach conducted based on key legal materials. The results showed that the effectiveness of child fulfillment after the breakup of marriage due to divorce in tanjungpinang city religious court can be said not to reach the target. One of the causes is economic factors that are often the reason for divorce. Efforts taken by ex-wives to make ex-husbands carry out their obligations, namely by suing for child support which will result in a decision to execute the assets owned by the ex-husband to pay for hadhanah.From such cases the community needs legal certainty that contains clear sanctions in order for the rule of law and the verdict of Pangadilan to be truly implemented in the community.

 

Published
2020-11-30