Implementasi Alimentasi Anak Dalam Suatu Perceraian (Studi Kasus Putusan Pengadilan Agama Ambon Nomor: 312/Pdt.G/2018/Pa Ambon
), La Ode Angga(2), Muchtar Anshary Hamid Labetubun(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: The obligations of the father and mother to care for and provide for the child still continues even though the marriage of the two partners has been divorced. According to Article 105 KHI based on marriage law in Indonesia, judges have the right to appoint the mother as the holder of child custody if the child is under 12 years of age / is not yet mumayyiz, and the father is the bearer of the child's life expenses. However, in practice the contents of the verdicts are often ignored, often the fulfillment of children's livelihoods is not carried out by fathers.
Purposes of the Research: Knowing and analyzing the implementation of Child Alimentation (Case Study of Ambon Religious Court Decision Number: 312 / Pdt.G / 2018 / PA. Ab).
Methods of the Research: This research method is empirical juridical research. The source of legal materials used is primary, secondary and tertiary legal materials. Data collection techniques through interviews and documentation. Data processing techniques obtained from the results of interviews and then in processing the data the author clarifies with the aim of obtaining an overview of the answers. Data analysis using qualitative methods.
Results of the Research: Providing support for a child will continue to be the responsibility of a father until the child is an adult. as contained in Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning marriage, there are several factors inhibiting the implementation of the alimentation. The factors of non-implementation of alimentation include economic, social factors in society, and the existence of a legal vacuum against the implementation of decisions related to sanctions and the executive power of living hadhanah, Ambon Religious Court.
Keywords
DOI
10.47268/tatohi.v1i1.495
Published
2021-02-28
How To Cite
@article{TATOHI495,
author = {Anggitta Lubis and La Ode Angga and Muchtar Labetubun},
title = {Implementasi Alimentasi Anak Dalam Suatu Perceraian (Studi Kasus Putusan Pengadilan Agama Ambon Nomor: 312/Pdt.G/2018/Pa Ambon},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {1},
number = {1},
year = {2021},
keywords = {Obligations; Divorce; Child's Livelihood},
abstract = {Introduction: The obligations of the father and mother to care for and provide for the child still continues even though the marriage of the two partners has been divorced. According to Article 105 KHI based on marriage law in Indonesia, judges have the right to appoint the mother as the holder of child custody if the child is under 12 years of age / is not yet mumayyiz, and the father is the bearer of the child's life expenses. However, in practice the contents of the verdicts are often ignored, often the fulfillment of children's livelihoods is not carried out by fathers.Purposes of the Research: Knowing and analyzing the implementation of Child Alimentation (Case Study of Ambon Religious Court Decision Number: 312 / Pdt.G / 2018 / PA. Ab).Methods of the Research: This research method is empirical juridical research. The source of legal materials used is primary, secondary and tertiary legal materials. Data collection techniques through interviews and documentation. Data processing techniques obtained from the results of interviews and then in processing the data the author clarifies with the aim of obtaining an overview of the answers. Data analysis using qualitative methods.Results of the Research: Providing support for a child will continue to be the responsibility of a father until the child is an adult. as contained in Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning marriage, there are several factors inhibiting the implementation of the alimentation. The factors of non-implementation of alimentation include economic, social factors in society, and the existence of a legal vacuum against the implementation of decisions related to sanctions and the executive power of living hadhanah, Ambon Religious Court.},
issn = {2775-619X}, pages = {31--40} doi = {10.47268/tatohi.v1i1.495},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/495}
}
Ali, Zainuddin. Metode Penelitian Hukum. Jakarta: Jakarta: Sinar Grafika, 2016.
Arikunto, Suharsimi. Prosedur Penelitiaan Suatu Pendekatan Praktek. Jakarta: Rineka Cipta, 2012.
Daly, Peunoh. Hukum Perkawinan Islam. Jakarta: Bulan Bintang, 1998.
Hadikusuma, Hilman. Hukum Perkawinan Indonesia Menurut: Perundangan, Hukum Adat, Hukum Agama. Bandung: Mandar Maju, 1990.
Labetubun, Muchtar Anshary Hamid, and Sabri Fataruba. “Implikasi Hukum Putusan Pengadilan Terhadap Pembatalan Perkawinan.” Batulis Civil Law Review 1, no. 1 (2020): 54–59. https://doi.org/10.47268/ballrev.v1i1.430.
Latupono, Barzah. “Akibat Hukum Dalam Perkawinan Yang Dilakukan Oleh Suami Tanpa Ijin Istri Sahnya.” Batulis Civil Law Review 1, no. 1 (2020): 60–67. https://doi.org/10.47268/ballrev.v1i1.431.
Rasjidi, Lili. Hukum Perkawinan Dan Perceraian Di Malaysia Dan Di Indonesia. Bandung: Bandung: Remaja Rosda Karya, 1992.
Suhardana, F X. Hukum Perkawinan. Jakarta: Prenhallindo, 2001.
Surahman, Winarno. Dasar Dan Teknik Riset. Bandung: Tarsito, 1989
: 1072 times
Download : 1859 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Implementasi Alimentasi Anak Dalam Suatu Perceraian (Studi Kasus Putusan Pengadilan Agama Ambon Nomor: 312/Pdt.G/2018/Pa Ambon |
| 2. | Creator | Author's name, affiliation, country | Anggitta Meirina Lubis; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | La Ode Angga; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Muchtar Anshary Hamid Labetubun; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Obligations; Divorce; Child's Livelihood |
| 4. | Description | Abstract | Introduction: The obligations of the father and mother to care for and provide for the child still continues even though the marriage of the two partners has been divorced. According to Article 105 KHI based on marriage law in Indonesia, judges have the right to appoint the mother as the holder of child custody if the child is under 12 years of age / is not yet mumayyiz, and the father is the bearer of the child's life expenses. However, in practice the contents of the verdicts are often ignored, often the fulfillment of children's livelihoods is not carried out by fathers.Purposes of the Research: Knowing and analyzing the implementation of Child Alimentation (Case Study of Ambon Religious Court Decision Number: 312 / Pdt.G / 2018 / PA. Ab).Methods of the Research: This research method is empirical juridical research. The source of legal materials used is primary, secondary and tertiary legal materials. Data collection techniques through interviews and documentation. Data processing techniques obtained from the results of interviews and then in processing the data the author clarifies with the aim of obtaining an overview of the answers. Data analysis using qualitative methods.Results of the Research: Providing support for a child will continue to be the responsibility of a father until the child is an adult. as contained in Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning marriage, there are several factors inhibiting the implementation of the alimentation. The factors of non-implementation of alimentation include economic, social factors in society, and the existence of a legal vacuum against the implementation of decisions related to sanctions and the executive power of living hadhanah, Ambon Religious Court. |
| 5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2021-02-28 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/495 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v1i1.495 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2021 Anggitta Meirina Lubis, La Ode Angga, Muchtar Anshary Hamid Labetubun
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
