Pelaksanaan Hak Nafkah Anak Pasca Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Pengadilan Agama Tembilahan)

Witma, Nurul Mudia Minjar (2021) Pelaksanaan Hak Nafkah Anak Pasca Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Pengadilan Agama Tembilahan). Other thesis, Universitas Islam Riau.

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Abstract

Marriages can be broken up due to divorce, and by court decisions. Divorce has legal consequences for the position and right to support the child. As a result of the breakdown of marriage according to article 41 of Law No. 1 of 1974 concerning Marriage, the provision of financing after divorce is regulated which reads "The father is responsible for all the maintenance and education costs needed by the child". The problem is whether the respondent (the child's mother) is trying to claim the right to support her child? whether the child's parents carry out the judge's decision to pay for the right to support their child, both in terms of the amount of living or routine each month, as was the case in the Tembilahan religious court. The formulation of the problem that will be discussed in this research are: how is the wife's effort to claim the right to support the child after the divorce (the case in the Tembilahan Religious Court) how the implementation of the right to support the child after the divorce (the case in the Tembilahan Religious Court). The research method used is juridical empirical research, with a qualitative approach that describes the conditions in the field, while the nature of this research is descriptive. Data collection techniques in this study were interviews and documentation. Then, the researchers used data analysis. When viewed from the nature of analytical descriptive research. The results of this study show that the wife does not carry out the effort to save the right to support the child, due to a lack of knowledge on how to proceed with litigation in the religious court, and the ex-husband (parent of the child ) does not full exercise the right to support the child in accordance with the judge's decision, some are less than the amount they should be, some are not routine every month.

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