CD Skripsi
Pelaksanaan Kewajiban Orang Tua Terhadap Nafkah Anak Pasca Putusan Perceraian Di Pengadilan Agama Kota Pekanbaru
ABSTRACT
Divorce is a legal and social phenomenon that has a significant impact on family structures, particularly on the fulfillment of children's rights. One of the most crucial impacts concerns the obligation to provide child support, which parents, especially fathers, should continue to provide to their children even after the marriage has ended. In practice, fulfilling this obligation often encounters various obstacles, both legal, economic, and social.
The problems studied in this research are (1) How is the implementation of parental obligations regarding child support after a divorce decision at the Pekanbaru Religious Court? (2) What is the form of parental obligations regarding child support after a divorce decision at the Pekanbaru Religious Court? The purpose of this research is to determine the implementation of parental obligations regarding child support after a divorce decision at the Pekanbaru Religious Court and to determine the form of parental obligations regarding child support after a divorce decision at the Pekanbaru Religious Court.
In this study, the author used a sociological or empirical legal research method, namely, research obtained directly from the community or primary data research. This research is descriptive in nature, namely, to provide as precise a description as possible of people, conditions, or other phenomena, with the aim of depicting or describing the phenomena that occur, in this case, how parents' obligations to child support are carried out.
This study shows a gap between normative law and practice in the field, as seen in the misalignment between legal provisions regarding child support obligations after divorce and their implementation in real life. Normatively, regulations such as Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have clearly stipulated that parents, especially fathers, are obliged to provide child support even after the marriage has ended. The results of research at the Pekanbaru Religious Court show that in practice, Decisions Number 1422/Pdt.G/2024/PA.Pbr, Decision Number 1385/Pdt.G/2024/PA.Pbr and Decision Number 786/Pdt.G/2024/PA.Pbr regarding child support are not implemented consistently. The contributing factors include weak oversight mechanisms from the court, the father's limited economic condition, and low legal awareness and responsibility for granting children's rights. This study emphasizes the importance of stricter evaluation and supervision of the implementation of child support so that children's rights can be effectively protected. This research not only reveals the differences between legal theory and social practice, but also provides recommendations for ensuring that the execution system is guaranteed to ensure the fulfillment of children's rights after divorce.
Keywords : Divorce, Decision Implementation, Child Support.
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