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KEWAJIBAN ALIMENTASI ANAK TERHADAP ORANG TUA PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA
Parents are obliged to maintain or provide for their children stipulated in Islamic law and positive law. Indeed, parents and children have an alimenting relationship, namely reciprocal relationships in maintenance or graduation. However, in a public understanding of the procession only charged with parents to children, not the other way around, so many cases of neglect of parents in Indonesia. From this, the question arose: First, what is the view of Islamic law on the obligation of alimentation of children to parents? Second, what is the positive legal view in Indonesia on child alimented obligations to parents? Third, how is the comparability between the review of Islamic law and positive law in Indonesia to the obligation of alimenting children to parents? This study used the theory of Maqashid Al-Syari'ah asy-syatibi, the theory of legal certainty, legal system theory and comparative law theory for the analysis. The Qur'an and their interpretations, the hadith, the opinion of the ulama of the school and laws and regulations in Indonesia which regulates children's alimentation obligations of parents as primary materials, literature such as books, journals, scientific works, and articles as their secondary legal material, Dictionary and Encyclopedia and some field data as a tertiary material, juridic-normative as the type of approach. Thus, this research is categorized as literature research or library research. This study concluded that Islamic law and positive law in Indonesia requires children to maintain or provide for their parents with conditions that must be fulfilled. In Islamic law, the Qur'an, along with its interpretation, the hadith, the book literature, and view of the priest of four schools, the main conditions provide for parents, namely if they are poor, children can work or have wealth. Positive law also regulates that children must take care of their parents. However, there are various conditions in various laws and regulations. If parents are poor, parents need help, parents in their children's households or parents have a debt of care costs, treatment, and so on that must be borne by his child. In-Law No. 23 of 2004 concerning the elimination of domestic violence, if children abandon the parents who live with them, they can be imposed on prison sentences for a maximum of three years or a maximum fine of IDR 15,000. 000.00 (fifteen million rupiahs). Comparing these obligations between Islamic and positive law is about terms, levels, types, livelers and sanctions given if the child does not maintain or provide for his parents.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEWAJIBAN ALIMENTASI ANAK TERHADAP ORANG TUA PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA (Text)
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