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ASAS CITA HUKUM (IDEE DES RECTH) TERHADAP PUTUSAN GUGATAN NAFKAH ANAK PASCA PERCERAIAN (STUDI PUTUSAN PENGADILAN AGAMA ARGA MAKMUR NOMOR 420/Pdt.G/2023/Pa.Agm)
Child support is generally an issue that arises after divorce. Article 80 of the Compilation of Islamic Law explains the father's obligation to provide child support after divorce if the child is still within the appropriate age for receiving support or has not reached adulthood. The legitimacy and validity of child support must meet certain conditions and requirements, including the principle of justice in providing child support after divorce. The judge emphasized that child support must be provided with consideration for the child's basic needs and the financial capability of the parents, while ensuring that the child's right to receive support is not neglected. In the Supreme Court Jurisprudence No. 3364 K/Pdt/2009, the issue of child support after divorce is addressed. However, in the decision No. 420/Pdt.G/2023/Pa.Agm, the judge did not provide the underlying reasoning for determining the amount of child support at Rp. 500,000. This prompted the author to conduct research on this decision, particularly regarding the father’s inability to pay, and to examine the aspect of legal justice for the father in the ruling. This research is a qualitative study with a descriptive-analytic nature. The approach used in this research is a juridical-empirical approach based on the phenomena observed in court. The study uses primary data in the form of court decisions and interviews with judges at the Arga Makmur Religious Court. This is supported by secondary data, including primary legal materials such as legislation (Law No. 23 of 2002 on Child Protection, Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law, and the Civil Code), as well as secondary legal materials such as books on related law and official data from government agencies. The research findings indicate that the granting of child support after divorce is based on the facts presented during the trial. The judge adopts a passive approach in deciding the case as long as the demands do not contradict existing laws. Everything related to the child’s right to support must be provided to the child. The principle of justice is the foundation for the judge's consideration in determining the amount of child support, ensuring justice, utility, and certainty for both parties. Child support is mandatory and must be provided, while also considering the father's ability to support the child. Furthermore, when the child reaches adulthood, the father may have the right to terminate child support under certain conditions
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ASAS CITA HUKUM (IDEE DES RECTH) TERHADAP PUTUSAN GUGATAN NAFKAH ANAK PASCA PERCERAIAN (STUDI PUTUSAN PENGADILAN AGAMA ARGA MAKMUR NOMOR 420/Pdt.G/2023/Pa.Agm) (Text)
ASAS CITA HUKUM (IDEE DES RECTH) TERHADAP PUTUSAN GUGATAN NAFKAH ANAK PASCA PERCERAIAN (STUDI PUTUSAN PENGADILAN AGAMA ARGA MAKMUR NOMOR 420/Pdt.G/2023/Pa.Agm) (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)