Jurnal Ilmiah Penegakan Hukum
Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER

Legal Provisions for Wife's Right to Live After Divorce in the Pasuruan Religious Court

Supaat, Joko (Unknown)
Muhibbin, Moh (Unknown)
Suratman, Suratman (Unknown)



Article Info

Publish Date
25 Nov 2024

Abstract

This research goes in-depth into aspects of determining the amount of maintenance, factors that influence court decisions, and legal considerations that are the basis for determining maintenance rights. In the context of the Pasuruan Religious Court, this research also explores legal practices and the court's views on cases of wives' maintenance rights after divorce. Religious Courts are a form of application of Islamic law in the law enforcement system in Indonesia, as intended by Law No. 7 of 1989 concerning Religious Courts, which was later amended by Law No. 3 of 2006 and last amended by Law No. 50 of 2009. This research is a type of empirical juridical research. The approach used in this research is a sociological-legal approach, with the data in the form of primary and secondary data. The writing technique is carried out using interviews and document studies, while the data analysis is qualitative and descriptive. From the results of the research, it was found that enforcement of the wife support law at the Pasuruan Religious Court has been made as much as possible by implementing the orders of the Law and Regulations of the Supreme Court of the Republic of Indonesia. This is for the sake of upholding justice for wives whose husbands divorced. However, there is still a legal loophole that can be used by the husband to avoid paying his wife's maintenance, which has been imposed in the court decision. Even though many legal instruments have been created to protect and ensure women's rights are fulfilled, in practice, there is still a lot of neglect of women's rights.

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Journal Info

Abbrev

gakkum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...