Analisis Akibat Hukum Perceraian Terhadap Penyelesaian Sengketa Nafkah Iddah Dan Nafkah Anak Di Pengadilan Agama Pekanbaru

Sari, Ike Arum (2021) Analisis Akibat Hukum Perceraian Terhadap Penyelesaian Sengketa Nafkah Iddah Dan Nafkah Anak Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Divorce that occurs between husband and wife, is in accordance with the provisions of Article 41 (c) of Law Number 1 Year 1974, where the provisions of this article determine the obligations of the ex-husband in the form of mut'ah, iddah livelihood (if the wife is not nusyus) and a living. for children. In this case, although there is no demand from the wife, the panel of judges can punish the exhusband to pay the ex-wife in the form of mut'ah, iddah and child support. However, the reality is that after the wife is divorced, the fulfillment of this income has not been fulfilled in accordance with the decision of the Panel of Judges. The problem of this research is what are the consequences of divorce law on the settlement of disputes over the livelihood of Iddah and the livelihood of children at the Pekanbaru Religious Court, and what are the obstacles for the exhusband to carry out his obligations in providing Iddah and child livelihoods after the marriage is broken due to divorce The research method is included socio Legal research, namely social research on law, where a research that only places the law as a social phenomenon. This research focises on a working process or the influence of law in social life, while it is descriptive in nature. The results of the research and discussion show that the legal consequences of divorce on the settlement of livelihood issues and children's livelihoods at the Pekanbaru Religious Court are that the ex-husband has an obligation to meet the needs of his wife during the waiting period, in which the wife cannot marry, and as a father, the wife is not allowed to marry. the obligation to their children to provide financing for the maintenance and education of the children until they reach adulthood so that they are able to be accountable for their own lives. If the father does not carry out the court decision to pay for the maintenance of the child, then a (ex) wife can file a request for execution to the Head of the Religious Court. However, as happened, many ex-husbands (fathers) did not fulfill their obligations, but due to limited execution costs, none of the ex-wives (mothers) applied for execution, and obstacles for the ex-husband to carry out their obligations in providing Iddah and child livelihoods after the marriage was broken. Because divorce is a lack of awareness and lack of understanding in providing iddah and child livelihoods, does not have a permanent job where most ex-husbands earn little, ex-husbands remarry, this will certainly greatly affect his financial situation where he has to support his new family, and There is an assumption that the living costs to be given will be used and utilized by his exwife, and there is an assumption that the ex-wife has an income of her own.

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