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Rachmat Taibu
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Humanities Law, Crime, Criminology & Criminal Justice

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PERMOHONAN EKSEKUSI NAFKAH ISTRI PASCA PERCERAIAN Rachmat Taibu; Mastina
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2037

Abstract

The purpose of this study is to determine the application for the execution of wife's maintenance after divorce. To determine the inhibiting factors in the execution of wife's maintenance after divorce. This study adopts normative law research using normative case studies in the form of legal products, for example studying the Law. The main subject of the study is the law that is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. So that normative legal research focuses on the inventory of positive law. The method of collecting legal materials that will be used in this study is through library research. The data analysis used in this study is qualitative descriptive data analysis, namely data obtained after being systematically compiled, to then be analyzed qualitatively descriptively in the form of descriptions. The results of the study show that based on the implementation of the divorce decision, regarding the wife's maintenance after the divorce takes precedence over the pronouncement of the divorce vow, it is based on SEMA no. 1 of 2017.regarding the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2017 as a Guideline for the Implementation of Duties for the Court which states that the payment of wife's maintenance after divorce is paid before the declaration of divorce. This is done to protect the rights of women who are divorced by their husbands and also to fill the legal vacuum in Indonesia. If within a period of 6 (six) months from the date of the determination of the declaration of divorce, the husband or his attorney does not carry out the declaration of divorce in front of the court, then the legal force of the determination is void, and divorce cannot be submitted again based on the same legal reasons (Article 70 paragraph (6) of Law No. 7 of 1989 which has been amended by Law No. 3 of 2006). After the divorce vow is pronounced, the clerk is obliged to provide a Divorce Certificate as proof to both parties, no later than 7 (seven) days after the determination of the divorce vow (Article 84 paragraph (4) of Law No. 7 of 1989 which has been amended by Law No. 3 of 2006). Inhibiting factors in the execution of the wife's nasfakah after divorce The absence of firm and clear rules for husbands who do not carry out the divorce vow, decisions that cannot be executed and the low level of legal awareness and legal knowledge in society.
TINJAUAN YURIDIS PENYELESAIAN SENGKETA TANAH WARIS ETNIS LAPORO MENURUT HUKUM ADAT BUTON: STUDI PADA KELURAHAN KARYA BARU KECAMATAN SORAWOLIO KOTA BAUBAU Rachmat Taibu; Nurfadhilah Rahma
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2186

Abstract

This research examines the resolution of land inheritance disputes within the Laporo ethnic community in Karya Baru Sub-District, Sorawolio District, Baubau City, based on Butonese customary law. The study is motivated by frequent conflicts among heirs regarding the distribution of inherited land, despite the formal recognition of customary inheritance law within Indonesia's legal system. The research aims to analyze the process of dispute resolution under customary law and to identify the obstacles encountered in its implementation. Using an empirical juridical approach, data were collected through interviews and observations involving local customary leaders and community members. The findings show that inheritance disputes are initially resolved through family deliberation. If no agreement is reached, the matter is escalated to customary authorities, who mediate based on traditional norms, justice, and consensus. However, challenges such as unilateral land control, lack of written evidence, unequal land division, and poor communication among heirs often hinder effective resolution. Although customary decisions do not have formal legal binding force, they are respected by the community as legitimate outcomes rooted in local wisdom and cultural values.
Co-Authors Mastina Nurfadhilah Rahma