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All Journal Jurnal Hukum Islam
Sam’ani Sya’roni
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Yuridis Argumentum A Contrario Sanksi Dwangsom dalam Putusan Nafkah di Peradilan Agama Sam’ani Sya’roni
Jurnal Hukum Islam Vol 15 No 1 (2017)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v15i1.860

Abstract

A court verdict regulating living wage that is given to an ex-wife and children after a divorce is still illusory since it lacks imposing authority and legal punishment. A legal plea for its execution faces serious obstacles due to extremely complicated formal requirements. A dwangsom punishment as a compelling money cannot be –from normative perspective- implemented in the punishment of living wage. The focus of this research is to conduct a juridical study of dwangsom legal construction in a verdict regulating living wage through argumentum a contrario (appeal from the contrary). The result confirms that a living wage given to ex-wife and children can be regarded as a “payment-of-certain amount” punishment which consequently cannot be given a dwangsom penalty. However, dwangsom can be implemented in this case through a construction of argumentum a contrario, which is by giving a sentence regulating a prohibition of postponement or avoidance of living wage verdict.
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