Jurnal Hukum Islam
Vol 15 No 1 (2017)

Kajian Yuridis Argumentum A Contrario Sanksi Dwangsom dalam Putusan Nafkah di Peradilan Agama

Sam’ani Sya’roni (Unknown)



Article Info

Publish Date
15 Jun 2017

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.

Copyrights © 2017






Journal Info

Abbrev

jhi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic ...