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PERLINDUNGAN HAK-HAK PEREMPUAN DAN ANAK PASCA PERCERAIAN MENURUT PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Amru Hasibuan; Nelviani Nst; Yeni Nurasiyah; Annur Rosida; Roziatul Adawiyah; Siti Maziah
Jurnal Syaikh Mudo Madlawan: Kajian Ilmu-Ilmu Keislaman Vol. 3 No. 2 (2026): Jurnal Syaikh Mudo Madlawan
Publisher : LPPM IAI Dar Aswaja Rokan Hilir

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Abstract

Divorce is a legal event with profound consequences not only for the spouses but, crucially, for women and children, who often emerge as the most vulnerable parties. This article aims to comprehensively analyze the protection of women’s and children’s rights following divorce under Indonesian legislation and to examine the gap between legal norms and the reality of their implementation. The study employs a normative-juridical method utilizing a statutory approach based on literature reviews and secondary data enriched by a sociological perspective to capture the human dimension underlying legal regulations. The findings indicate that, from a normative standpoint, post-divorce rights for women and children are comprehensively regulated under Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. These rights encompass mut‘ah (consolation gift) and iddah (waiting period) maintenance, housing, clothing, unpaid dowry, and a share of marital assets, as well as children’s rights to care and education. However, implementation in practice faces significant obstacles, including low compliance rates among ex-husbands, weak mechanisms for enforcing court rulings, and a lack of ongoing monitoring regarding the fulfillment of these rights. The study concludes that legal protection for women and children post-divorce requires systemic strengthening ranging from the drafting of more actionable court rulings and the development of innovative enforcement mechanisms to continuous oversight involving various stakeholders.