Fulfillment of Children's Post-Divorce Supporting Obligations from an Islamic Law Perspective in Polewali Mandar Regency
Abstract
The rights of children after divorce, both in the Marriage Law and the Compilation of Islamic Law, are that children have the right to continue to receive maintenance, care and education from their parents. In terms of financing the maintenance and education of children after divorce, it is the responsibility of the father, which in the Compilation of Islamic Law is known as hadhanah living. This is a form of parental responsibility in carrying out their obligations for the realization of children's rights as regulated in Law Number 23 of 2002 concerning Child Protection. However, mothers also help in managing the household and maintaining the welfare and happiness of the family. Therefore, father and mother both have an important role in the family, and the integrity of both is highly expected in a family in order to achieve a happy family.
This type of research is field research. According to Dedy Mulyana, field research is a type of research that studies phenomena in their natural environment. For this reason, primary data is data that comes from the field. So that the data obtained truly corresponds to the reality regarding the phenomena that exist at the research location.
Based on the results of the interview with Mr Syamsul, he explained that he was still able to work but did not carry out his responsibilities regarding child support rights after divorce based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl which sentenced the applicant to provide child support for 3 (three) children in the amount of Rp. 2,000,000 (two million rupiah) per month until the child is an adult or 21 years old with an additional 10% each year excluding education and health costs.
Based on the results that the researcher has obtained, it can be concluded that the father's fulfillment of child support rights post-divorce in Polewali Mandar Regency based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl has not been fully carried out by the father. This is caused by various factors, ranging from economic incompetence, indifference, to a lack of effective law enforcement mechanisms
References
Abdulkadir Muhammad, Indonesian Civil Law, PT. Citra Aditya Bakti, Bandung, 2020
Abdullah Nashih, Ulwan, Guidelines for Children's Education in Islam, ed. Saifullah Kamalie and Hery Noer Ali (Semarang: Ash-Syifa, 2017)
Abror, Khoirul. Marriage and Divorce Law, Ladang Kata: Yogyakarta, 2020
Achmad Ichsan, Civil Law, PT. Masa Supervisor, Jakarta, 2019
Adi'atut Durroh, "The Concept of Sakinah Family According to Single Parent in Geger District, Madiun Regency Perspective M. Quraish Shihab", Thesis (Ponorogo: IAIN Ponorogo, 2017)
Ahmad Rofiq, Islamic Civil Law in Indonesia (Depok: PT RajaGrafindo Persada, 2017)
Al-Fauzan Aziz Abdullah, Social Fiqh (Jakarta: Qishti Press, 2017)
Arifin, Muchamad. "Legal Liability for Delay in Notification of Foreign Acquisition to the Business Competition Supervisory Commission." Lex Renaissance 2.2 (2017)
Budiono, H. 2016. Civil Procedure Law: Appeal and Cassation. Jakarta: RajaGrafindo Persada.
Burhan Bungin, Qualitative Research Methods (Cet. VIII; Jakarta: Raja Grafindo, 2014)
Cholid Narbuko and H. Abu Achmadi, Research Methodology (Cet. XV; Jakarta: PT Bumi Aksara, 2016)
Dwiyani V, If I Have to Take Care of My Child Alone (Jakarta: Elex Media Komputindo, 2019)
Husain Umar, Research Methods In Finance And Banking (Cet. II; Jakarta: Gramedia Pustaka Utama, 2014)
Indonesia, Law of the Republic of Indonesia on Marriage, Law No. 1 of 1974.
Jamaluddin, Amalia Nanda. 2016. Marriage Law Textbook. Unimal Press: Lhokseumawe
Ministry of Religious Affairs of the Republic of Indonesia, Al-Mubin (Al-Qur'an and Its Translation), (Bandung: Pustaka Al-Mubin, 2013)
Civil Code of Immaturity Article 330
Compilation of Islamic Law on Marriage on Child Custody Articles 105 and 156 (D)
Latupono, Barzah. "Father's Legal Responsibility for Children After Divorce." Sasi 26.2 (2020)
Lexi J Moleong and PRRB Edisi, "Research Methodology," Bandung: Remaja Rosdakarya Publishers, 2014.
Lexy J Moleong, Qualitative Research Methodology (PT Remaja Rosdakarya, 2021).
Mardani, Tafsir Ahkam (Yogyakarta: Pustaka Siswa, 2014)
Masdul, Muhammad Rizal, Hadi Pajarianto, Rajindra Rajindra, Jamaluddin Ahmad, Kuliawati Kuliawati, and Rahmawati Rahmawati. 2024. “Acculturation of Religious Values in Early Childhood: Central Sulawesi Educational Institutions.” South African Journal of Childhood Education 14(1): 1530.
Moh. Ali. Marriage Law in Indonesia: A Study in Islamic Law and Material Law. YASMI Yayasan Asy-Syari'ah Modern Indonesia): South Tangerang. 2018
Mohammad Asnawi, Marriage in Conversation and Difference (Yogyakarta: Darussalam, 2014)
Muhammad Husein, In order for the child's soul to remain clean, the role of the father is very decisive, translator Nashirul Haq, (Bandung: Irsyad Baitus Salam, 2017)
Munir Fuady, Contract Law (from the Perspective of Business Law), PT. Citra Aditya Bakti, Bandung, 2013
Nasution, Ahmad Yani, and Moh Jazuli. "The value of a wife's maintenance in the view of classical and contemporary scholars." TERAJU: Journal of Sharia and Law 2.02 (2020)
Noeng Muhajir, "Qualitative Research Methodology of Positivistic Approaches, Phenomenologic and Metaphysical Realism of Text Studies and Religious Research" (Yogyakarta: Rake Seraju, 2016).
Parhusip, Bintang, and Kalaudius Willy Situmorang. "The Prosperous Family in the Catholic and Islamic Churches: A Study on the Purpose of Marriage in the Catholic and Islamic Churches." Perspective 18.1 (2023)
Article 80 paragraph (4) of the Compilation of Islamic Law (Bandung: Citra Umbara, 2016)
Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage.
Instructions of the Supreme Court Regarding the Implementation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975 No. M.A./Pemb./0807/1975
Permana, Cepi Jaya, 'Minimum Age of Marriage in Muslim Countries (Comparative Study of Indonesia, Turkey, and Morocco)', 2016
R. Setiawan, Principles of Coalition Law, Bina Cipta, Bandung, 2019
Raden, Sahran, 'The Implementation of the Ceremony of Mematua and Mandiu Pasili in the Traditional Marriage of the Kaili Tribe (A Review of Islamic Law and Customary Law)', Hunafa: Jurnal Studia Islamika, 8.2 (2015)
Raden, Sahran, 'The Implementation of the Ceremony of Mematua and Mandiu Pasili in the Traditional Marriage of the Kaili Tribe (A Review of Islamic Law and Customary Law)', Hunafa: Jurnal Studia Islamika, 8.2 (2015)
Rahmawati, Rahmawati, Fawziah Zahrawati, and Hikmawati Pathuddin, 'Reviving Gender Awarness: Reviving the Spirit of Liberation and Gender Equality' (IAIN Parepare Nusantara Press, 2019)
Rasuh, Daryl John. "Legal study of force majeure according to articles 1244 and 1245 of the Civil Code." Lex Privatum 4.2 (2016).
Ridwan HR, State Administrative Law, Rajawali Pers, Jakarta, 2016, p.
Rizqy and Syahrizal. "JURIDICAL REVIEW OF UNLAWFUL ACTS AND SANCTIONS. Journal of Justice: Journal of Law, Legislation and Social Institutions 3.2 (2019)
Rosa Agustina, Unlawful Acts, FHUI Postgraduate Program, Jakarta, 2013
S. Nasution, Research Methodology of Scientific Research (Jakarta: Bumi Aksara, 2016),
Sabiq, Sayyid, 'Fiqhus Sunnah', FIQH Us-SUNNAH. Indianapolis: American Trust Publishers
Sahir, Syafrida Hafni, 'Research Methodology' (KBM Indonesia, 2021)
Sahrani, Sohari, and H M A Tihami, 'Fiqh Munakahat A Study of Complete Marriage Fiqh', Jakarta: Rajawali Press, Nd, 2016
Sahrani, Tihami Sohari, and M A Tihami, 'Fiqh Munakahat' (Rajawali Press, 2019)
Sari, Mila, Tri Siswati, Arico Ayani Suparto, Ida Fitriana Ambarsari, Nur Azizah, Wahyuningsih Safitri, and others, Research Methodology (Global Technology Executive, 2022)
Shidarta, 2000, Indonesian Consumer Protection Law, PT Grasindo, Jakarta
Siregar, Khoiruddin Manahan, 'The Paradox of Determining the Age of Marriage in the Marriage Law by Normative Law', Jurisprudentia: Journal of Economic Law, 5.2 (2019)
Sitorus, Iwan Romadhan, 'Age of Marriage in Law No. 16 of 2019 Perspective of Maslahah Mursalah', Nuansa: Journal of Islamic and Community Studies, 13.2 (2020)
Suardana, I Nyoman, I Wayan Martha, and I Gusti Ayu Ketut Artatik, 'PREVENTION OF EARLY MARRIAGE THROUGH MARRIAGE LEGAL INSTRUMENTS IN GIANYAR REGENCY', Law and Culture, 1.3 May (2021)
Subekti, R. (2009). Principles of Civil Law. Jakarta: Pradnya Paramita
Sugiyono, "Educational Research Methods Quantitative, Qualitative and R&D Approaches.
Sugiyono, Understanding Qualitative Research (Cet. VIII; Bandung: Alfabeta, 2013)
Sulistyowati, Complete Dictionary of Indonesian (Jakarta: Buana Raya, 2015)
Sumiati, and Jamaluddin. "The Impact of a Marriage Under the Hands of Interpretive Islamic Law." Journal on Education 5.3 (2023)
Syamsul Bahri, The Concept of Maintenance in Islamic Law, Journal of Law, Volume, Number 66, August, 2015
Syamsul Bahri, Child Support to Parents in the View of Islamic Law, (Journal of Law of the Sea of Justice, Volume II, Number 2, July-December 2016)
Tatang M. Amirin, prepared a research plan (e.g. III; Jakarta: Raja Grafindo Persada, 2017)
Tihami and Sohari Sahrani, Fiqh Munakahat: A Complete Study of Marriage Fiqh (Jakarta: PT Raja Grafindo Persada, 2020)
Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage
Wahbah Az-Zuhaili, Islamic Fiqh Wa adilatuhu, terj. Abdul Hayyie al-Kattani, et. Al (Jakarta: Gema Insani, 2011)
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