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All Journal WAJAH HUKUM Jurnal Hukum dan Pembangunan
Hapsari, Hening
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Law, Crime, Criminology & Criminal Justice

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Pemeliharaan dan Pembiayaan Nafkah Anak Pasca Perceraian (Studi Kasus Putusan Nomor 590/Pdt.G/2019/PN.Bks) Lestari, Dhona Indah; Hapsari, Hening
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1520

Abstract

Child care involves both parents, namely the father and mother, as parties who have responsibility for their children, even though some marriages end in divorce. This research aims to find out and examine how maintenance and financing of maintenance for children after divorce occurs according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. The research method used is a normative or doctrinal juridical type, namely research that refers to legal norms contained in statutory regulations and norms that apply in community life. The research results in decision number 590/Pdt.G/2019/PN.Bks show that fulfilling children's maintenance after their parents' divorce has not gone completely well. This is because the ex-husband, after officially divorcing, no longer carries out his obligations. The conclusion in this problem is that child support is still not being met and it is necessary to establish an official institution so that there is supervision over the provision of child support after divorce, whether it has really been carried out in accordance with the governing law.
Perjanjian Perkawinan: Sebuah Analisis Terhadap Putusan Mahkamah Konstitusi 69/PUU-XIII/2015 Hapsari, Hening
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Marriage agreements remain a frequently debated and somewhat sensitive issue within the context of matrimony in Indonesia, notwithstanding their explicit existence in the country's legal regulations. Governed by the Marriage Law Number 1 of 1974 and addressed in the Civil Code (KUHPerdata/BW), marriage agreements are formulated by spouses before the solemnization of the marriage. However, a significant development occurred in 2015 when a constitutional challenge was raised against Article 29 of the Marriage Law Number 1 of 1974. In its definitive decision, the Constitutional Court ruled that marriage agreements could be established before, during, or after the marriage ceremony. This has engendered a considerable amount of both support and opposition, considering the numerous shifts that have ensued, such as legal inconsistencies, the potential for legal circumvention, and adverse consequences for the involved parties. Key words: Marriage Agreement, Constitutional Court Decision, Analysis.
Co-Authors Lestari, Dhona Indah