Institutional Repository UIN Sunan Kalijaga YogyakartaKEDUDUKAN HARTA PUSAKA TINGGI DALAM PEMENUHAN HAK NAFKAH ISTRI DAN ANAK PASCA PERCERAIAN DI MINANGKABAU (STUDI KASUS KABUPATEN LIMA PULUH KOTA)NIM.: 24203011023Yernati UlfazahauthorThis study is motivated by the phenomenon of the neglect of post divorce maintenance obligations in Lima Puluh Kota Regency, where former husbands often assume that former wives and children have already obtained economic protection through Harta Pusaka Tinggi within the Minangkabau matrilineal kinship system. This condition reflects a gap between Islamic law and Indonesian positive law, both of which require fathers to provide maintenance, and the social practices that exist within the community. This study aims to examine the position of Harta Pusaka Tinggi in fulfilling the maintenance rights of former wives and children after divorce and to analyze its influence on the effectiveness of post divorce maintenance obligations. This research employed an empirical legal study with a qualitative approach within the sociology of law perspective. Data were collected through interviews, observations, and documentation involving judges of the Tanjung Pati Religious Court, traditional leaders, religious leaders, Bundo Kanduang, and divorced women. The findings were interpreted using Eugen Ehrlich's Living Law theory and Lawrence M. Friedman's Legal System theory. The findings reveal that Harta Pusaka Tinggi functions as a social protection system by providing access to the rumah gadang, ancestral land, and support from the matrilineal clan for women and children after divorce. However, its existence does not eliminate the father's legal obligation to provide maintenance under Islamic law and Indonesian positive law. At the same time, this customary protection system shapes the perception that former wives and children remain economically secure, thereby influencing the effectiveness of post divorce maintenance obligations. This study concludes that Harta Pusaka Tinggi serves as a social protection mechanism rather than a substitute for a father's maintenance obligation and contributes to the development of the sociology of law by explaining the interaction between customary law, Islamic law, and state law in Minangkabau society.346.01 Hukum Keluarga - Hukum Pernikahan2026-08-11UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis

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