Kartika: Jurnal Studi Keislaman
Vol. 6 No. 3 (2026): Kartika: Jurnal Studi Keislaman (August)

Pemenuhan Nafkah Anak Sebagai Implementasi Keadilan dalam Hukum Keluarga: Model Keadilan Berkelanjutan Pascaperceraian

M. Aziz Indrayanto (Universitas Islam Lampung)



Article Info

Publish Date
14 Aug 2026

Abstract

The fulfillment of child support after divorce constitutes a parental responsibility that does not cease to exist, yet its implementation often encounters obstacles, ranging from the determination of a fair amount, compatibility with economic capacity, to the effectiveness of court decisions. This normative legal research analyzes the implementation of justice in child support fulfillment and formulates a sustainable justice model. Employing statutory, conceptual, and case approaches, primary legal materials include legislation, the Compilation of Islamic Law, Supreme Court Circular Letters No. 3 of 2018 and No. 5 of 2021, and court decisions, supported by secondary materials from relevant literature. The findings affirm that child support is an inherent right, and justice must be achieved through a balance between the child's actual needs, the parent's economic capacity, the best interests of the child, and the sustainability of obligation enforcement. Supreme Court Circular Letter No. 3 of 2018 guides judges to explore economic capacity and basic needs, while Circular Letter No. 5 of 2021 strengthens guarantees through the possibility of asset seizure. This research offers a four-stage sustainable justice model: justice in determination, guarantee, implementation, and adjustment, which places legal success not merely on the existence of a support order, but on the fulfillment of children's rights in a real, proper, and continuous manner.

Copyrights © 2026






Journal Info

Abbrev

kartika

Publisher

Subject

Religion Economics, Econometrics & Finance Education

Description

KARTIKA: Jurnal Studi Keislaman covers a variety of subjects, ranging from Islamic history, law, sufism, theology, politics, philosophy, the Qur’an and hadith, to modern and contemporary developments including such issues as democracy, gender, and human rights as well as social and cultural ...