TANGGUNG JAWAB ORANG TUA TERHADAP ANAK PASCA PERCERAIAN DALAM KELUARGA PEKERJA MIGRAN INDONESIA DI KABUPATEN LOMBOK TIMUR

M Nur Hilmi, NIM.: 24203011008 (2026) TANGGUNG JAWAB ORANG TUA TERHADAP ANAK PASCA PERCERAIAN DALAM KELUARGA PEKERJA MIGRAN INDONESIA DI KABUPATEN LOMBOK TIMUR. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (TANGGUNG JAWAB ORANG TUA TERHADAP ANAK PASCA PERCERAIAN DALAM KELUARGA PEKERJA MIGRAN INDONESIA DI KABUPATEN LOMBOK TIMUR) 24203011008_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (12MB) | Preview
	Text (TANGGUNG JAWAB ORANG TUA TERHADAP ANAK PASCA PERCERAIAN DALAM KELUARGA PEKERJA MIGRAN INDONESIA DI KABUPATEN LOMBOK TIMUR) 24203011008_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (23MB) | Request a copy

Abstract

Divorce within Indonesian Migrant Worker (PMI) families in East Lombok Regency creates a more complex problem of parental responsibility than divorce in general, since children face not only parental separation but also the physical absence of one or both parents due to labor migration. This study addresses two research questions: first, how is the implementation of parental responsibility after divorce in PMI families in East Lombok Regency carried out when viewed through the theory of the best interest of the child; second, how is that responsibility implemented when viewed through Maqāṣid al-Syarīʻah. This is a field research study employing a juridical-normative and socio-legal approach, drawing on primary data from interviews with eight informants from divorced PMI families in East Lombok Regency conducted in April 2026, combined with secondary data from legislation, classical fiqh literature, and academic scholarship. The findings show that, from the perspective of the best interest of the child, the element of education is the most consistently achieved, the element of custody is functionally achieved through the flexibility of extended family arrangements, while the elements of maintenance (nafkah) and protection show the clearest failures due to paternal neglect. From the perspective of the five maqāṣid formulated through this studyʻs own synthesis, namely ḥifẓ al-nasl, ḥifẓ an-nafs, ḥifẓ al-māl, ḥifẓ al-ʻirdh, and ḥifẓ al-ʻaql, ḥifẓ al-māl is the least achieved objective, owing to a gap in the maintenance-enforcement mechanism that currently reaches only civil servants. The principal gap lies not in the absence of norms but in weak enforcement mechanisms and an imbalance in the burden of responsibility between fathers and mothers. This study recommends extending the automatic salary-deduction mechanism to migrantworker fathers and reorienting religious courts toward maslahah-based co-parenting arrangements. which is realized through the division of parenting responsibilities between the father and mother according to their respective circumstances, communication and joint decision-making regarding the child’s needs, the continued financial contributions of both parents, and the involvement of the extended family as a support system for childcare without replacing the parents’ responsibilities.

Share this knowledge with your friends :

Actions (login required)

View Item