Pelaksanaan Pembiayaan Pemeliharaan Anak Setelah Perceraian Menurut Instruksi Presiden Nomor 1 Tahun 1991 Tentang Kompilasi Hukum Islam Di Pengadilan Agama Bangkinang

Ramadhoni, Fermana (2021) Pelaksanaan Pembiayaan Pemeliharaan Anak Setelah Perceraian Menurut Instruksi Presiden Nomor 1 Tahun 1991 Tentang Kompilasi Hukum Islam Di Pengadilan Agama Bangkinang. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Marriage aims to foster a happy and eternal family with the hope of Allah's blessing. But sometimes marriages are unhappy and cannot be maintained so that they end in divorce. In divorce sometimes children will become victims in their parents' divorce. This causes problems about how the survival of the child, including the cost of raising the child after the divorce occurs. The main problem in this study is how the court's decision on the responsibility of parents in financing child care after divorce is in accordance with the case decided by the Bangkinang Religious Court in 2019. This type of research is a sociological legal research with qualitative research using a juridical-sociological approach. The location of the research was carried out at the Bangkinang Religious Court. Data sources are Primary Data, Secondary Data, and Tertiary Data. While the data collection techniques in this study are observation, non-structured interviews/interviews and literature studies, then after the analysis is done a conclusion is drawn qualitatively which is described descriptively from the data that has been obtained using inductive thinking methods, namely statements that are general in nature into a special statements. From the results of the research problem there are three main things that can be concluded, Implementation of the lawsuit for child care costs after divorce according to Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law at the Bangkinang Religious Court, that the Bangkinang Religious Court has carried out according to applicable regulations, but in the implementation of the lawsuit the cost of maintaining children after the divorce experienced several obstacles from both parties because, first, some were carried out according to the decision, second, some were not carried out, and thirdly some were carried out but not in accordance with the decision, meaning the costs agreed upon in the decision but in fact were only implemented half of the decisions and there are also decisions that are not implemented by the ex-husband. Efforts made to overcome these inhibiting factors are that the panel of judges always tries to advise the parties to carry out the agreed decision and if the decision is not implemented then the ex-wife can report it to the Bangkinang Religious Court that the decision has not been implemented. Furthermore, the Religious Court can execute the existing assets as much as the debt that arises according to the results of the decision, but if the ex-husband does not carry out due to poor reasons and there is no property, the Religious Court submits the decision to the ex-husband to carry out according to his ability.

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