Damhil Law Journal
Volume 1 Issue 2 2021

Women and Children's Rights Claims in a Disclaimer Case at Religious Courts

Sunyoto, Sunyoto (Unknown)



Article Info

Publish Date
30 Nov 2021

Abstract

This study aims to determine the causes of the low fulfillment of wife and children's income after divorce and the efforts that can be made to optimize the fulfillment of wife and children's income, especially in divorce cases. The research method used is normative with a case approach (statute approach) and a conceptual approach. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation.

Copyrights © 2021






Journal Info

Abbrev

DLJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such ...