USRAH: Jurnal Hukum Keluarga Islam
Vol. 6 No. 2 (2025): April

TINJAUAN HUKUM TERHADAP UPAYA MANTAN ISTRI DALAM MEMPERJUANGKAN HAK NAFKAH YANG TIDAK DIPENUHI OLEH MANTAN SUAMI

Ruslan, Dyah Auliah Rachma (Unknown)



Article Info

Publish Date
10 Apr 2025

Abstract

This study aims to analyze the efforts of ex-wives in fighting for alimony that has not been fulfilled by their ex-husbands after divorce, as well as the legal review related to this issue. In Indonesian law, the alimony rights for ex-wives are regulated under Law No. 1 of 1974 on Marriage and the Civil Code (KUHPerdata), which stipulates the ex-husband's obligation to provide alimony to the ex-wife who is financially unable to support herself. However, in practice, many ex-wives face difficulties in obtaining this alimony due to non-compliance by the ex-husbands and barriers in the legal procedure. This research uses a qualitative method with an in-depth case study approach, analyzing various challenges faced by ex-wives in fighting for their alimony rights, as well as the legal procedures available. The results show that although the law provides a clear foundation, the implementation of alimony rights still faces many obstacles, including issues of proof, legal costs, and social and economic inequality between the ex-husband and ex-wife. Therefore, it is recommended that the government and legal institutions strengthen the family court system, provide greater access to legal aid, and raise legal awareness among the public. Keywords:  Alimony, Ex-Wife, Divorce, Alimony Rights, Family Law, Legal Procedures.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...