Children’s and Former Wives’ Rights of Civil Servants Post-Divorce: A Legal Effectiveness Perspective

The background of this research is the finding to the judgment of divorce cases at the Painan Religious Court with the husband working as a Civil Servant. In order to achieve these objectives, this study used a qualitative normative legal research method This research was a library research. The data sources in this study were secondary data sources that include primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out in two ways, first by searching the literature by collecting books, fiqh books, relevant previous research results, journals and data sources from websites. Second, collecting data on decisions related to divorce and divorce lawsuits by a Civil Servant manually at the Painan Religious Court. The results of this study indicate First, that Islamic law stipulates that the obligation to provide maintenance shall remain be imposed on the husband for the wife to the extent the reason, namely tamkin, is still owned by him or the wife is still in the iddah period, this obligation applies without distinguishing the type of husband's profession. Two, Among the 28 cases that can be applied to Article 8 of Government Regulation Number 10 of 1983 in conjunction with Government Regulation Number 45 of 1990 concerning Marriage and Officer Permits for Civil Servants, only 3 cases are resolved by charging the wife's rights from the salary of the former Civil Servant husband. This shows that the implementation of the regulation has not been effective so that legal certainty and protection have not been achieved.