Penegakan Kewajiban Finansial Pasca Perceraian oleh Pengadilan: Telaah Implementasi Hukum Keluarga Islam di Indonesia

Abstract

This study aims to analyse the implementation of Islamic family law in Indonesia in enforcing post-divorce financial obligations, particularly regarding child maintenance. The focus of this study is directed at the role and authority of the Religious Court in ensuring the implementation of the judge's decision regarding the provision of maintenance by the father to the child after divorce, as well as the obstacles that arise in the execution process. The method used is a normative juridical approach combined with empirical research. Data were obtained through a literature study of legislation and fiqh books, as well as through observation and interviews with officials of the Religious Court in Bengkulu. This research also analyses case decision No. 174/Pdt.G/2012/PA Bn. as the main case study. The results show that although the statutory provisions and the Compilation of Islamic Law have established the father's obligation to provide child maintenance after divorce, implementation at the practical level still faces serious obstacles. The main obstacles lie in the weak legal awareness of the community, the lack of initiative of the mother to apply for execution, as well as the limited legal instruments available to the court to force the implementation of the decision. The conclusions of this study emphasise the need to strengthen the execution mechanism within the Religious Courts, improve legal literacy among the community, and reformulate more effective policies to guarantee the rights of children.