Jaminan Hak-hak Perempuan dalam Cerai Gugat Pasca Perceraian

The background of this study is that there are still problems in fulfilling women's rights after divorce, especially default decisions. Even default decisions for imposing obligations on ex-husbands to their wives are relatively minimal and almost ignored. Even if there are any, their implementation could be better because ex-husbands do not fulfil their obligations voluntarily. If executed, the costs incurred are more significant than the husband's obligations imposed in the decision, and there is no interconnection of systems between related institutions. This study aims to determine the considerations of judges at the Cimahi City Religious Court in granting the rights of women in default and to what extent these rights can be fulfilled and their implementation. In answering these problems, the theory used is the mubádalah theory. The study results indicate that a breakthrough is needed so that every divorce decision contains the ex-husband's obligations to the ex-wife as long as it has not been nusyúz. To facilitate its implementation, an interconnection system is needed between institutions that can guarantee the fulfilment of women's rights after divorce as women who are facing the law.

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Publication Details

Journal
Jurnal Hukum Legalita
Published
2024-12-31
DOI
https://doi.org/10.47637/legalita.v6i2.1566
Citations
1
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
1.13
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article

Jaminan Hak-hak Perempuan dalam Cerai Gugat Pasca Perceraian

Al Fitri
1 citations
Jurnal Hukum Legalita
Marriage and Family Dynamics
1.13
article

Jaminan Hak-hak Perempuan dalam Cerai Gugat Pasca Perceraian

Al Fitri
article en
1 citations

Abstract

The background of this study is that there are still problems in fulfilling women's rights after divorce, especially default decisions. Even default decisions for imposing obligations on ex-husbands to their wives are relatively minimal and almost ignored. Even if there are any, their implementation could be better because ex-husbands do not fulfil their obligations voluntarily. If executed, the costs incurred are more significant than the husband's obligations imposed in the decision, and there is no interconnection of systems between related institutions. This study aims to determine the considerations of judges at the Cimahi City Religious Court in granting the rights of women in default and to what extent these rights can be fulfilled and their implementation. In answering these problems, the theory used is the mubádalah theory. The study results indicate that a breakthrough is needed so that every divorce decision contains the ex-husband's obligations to the ex-wife as long as it has not been nusyúz. To facilitate its implementation, an interconnection system is needed between institutions that can guarantee the fulfilment of women's rights after divorce as women who are facing the law.

Jurnal Hukum LegalitaVol. 6(2)
Universitas Muhammadiyah Sukabumi (ID), Universitas Muhammadiyah Kotabumi
Openalex Percentile: Top 13%
Marriage and Family Dynamics
1.13
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