Amrin, Amrin (2024) Analisis Penyelesaian Sengketa Hak Mantan Isteri dan Nafkah Anak Setelah Putusnya Perceraian Di Pengadilan Agama Tembilahan Tahun 2023. Other thesis, Universitas Islam Riau.

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Abstract

Marriage in general aims to foster a happy, prosperous household to children and grandchildren. However, the process of married life is often not as expected. Obstacles and obstacles come one after another, beit economic problems, continuous fights, economic problems to the problem of the third person also hitting the household ark. For a strong household, it will be stronger to survive the trials that come. However, many also end up in divorce. After the divorce, new problems arise for the ex-wife and the children left behind. The problem is related to iddah alimony and child maintenance which remains the responsibility of the father. While the father considers that there are no more obligations to be fulfilled after the divorce, some are in economic difficulties, there are also those who have new wives, so they are busy providing for their new family. The author is interested in raising the main issue of how to resolve iddah and child support disputes at the Tembilahan Religious Court and what are the obstacles and efforts made to implement the Decision that has been determined by the Court. The research method uses Socio Legal Research, which is social research on Law that is descriptive, where a research only places law as a social phenomenon. This research focuses on the process of law work and the influence of law in social life. The results of the study show that the responsibility of parents to children after divorce is as stipulated in Article 41 of Law Number 1 of 1974 concerning Marriage that as a result of divorce, both parents are still obliged to maintain and educate their children solely based on the interests of the child and other rights inherent in the child. The obligation of iddah maintenance is completed when imposing talaq in front of the judge of the Religious Court. Meanwhile, the obligation to provide for children remains the obligation of fathers until children grow up so that they are able to provide for themselves. If the father is unable to provide for his child, then the judge can appoint his mother who provides for him. If a father is economically able to provide for his children, but he fails to fulfill the obligations decided in the Court, then the ex-wife may apply to the Court to issue an order through the Clerk or the Court Bailiff to summon and request the ex-husband to immediately perform his obligations.

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