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All Journal Jurnal Ilmiah Nusantara
Atmojo, Talitha Maheswari Ning
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Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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EFEKTIVITAS UNDANG-UNDANG PERKAWINAN DALAM MENANGANI GUGATAN CERAI KARENA PENGABAIAN NAFKAH: ANALISIS NORMATIF YURIDIS TERHADAP AKSES KEADILAN BAGI PEREMPUAN Atmojo, Talitha Maheswari Ning; Sidi Ahyar Wiraguna
JURNAL ILMIAH NUSANTARA Vol. 2 No. 6 (2025): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v2i6.6998

Abstract

Economic factors are one of the dominant causes behind the rising divorce rate in Indonesia. Economic instability, unemployment, and social inequality are the main triggers that lead to a husband’s inability to fulfill his financial obligations to his wife and children. This study aims to analyze the effectiveness of Law Number 1 of 1974 concerning Marriage in providing a legal basis for divorce due to neglect of financial support, which occurs when a husband fails to provide for his family for two consecutive years. The research method used is normative juridical with a qualitative approach, involving an analysis of statutory regulations, legal literature, and religious court decisions. The results indicate that the implementation of this provision faces significant obstacles, including difficulties in proving neglect, limited access to justice for impoverished women, and formal requirements that do not align with social realities. Therefore, a reform of family law is needed to be more responsive to the principles of substantive justice, particularly in protecting the economic rights of women and children.
Co-Authors Sidi Ahyar Wiraguna