Jauhari, Moh. Ahsanudin (2023) Legal instruments for the fulfillment of the rights of women and children post-divorce in the Indonesian legal system. Journal of Namibian Studies (34). 3494 -3512. ISSN 2197-5523 (online)
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Abstract
The purpose of the research is to examine the legal instrument for the fulfilment of the rights of women and children post-divorce in Indonesia. Until now, the fulfilment of the rights of women and children post-divorce is still a very problematic legal issue in Indonesia. This study uses a juridical-normative method and a qualitative approach. This research shows that the weak of legal instruments, law enforcement, and public legal awareness are the three determining factors that cause the unfulfilled rights of women and children post-divorce in Indonesia. In addition, most judges in the courts also make more decisions on divorce in absentia and declaration without being accompanied by the obligation of execution for the fulfilment of the rights of living and custody for ex-wife and children post-divorce. As the implication, the policy makers at the executive and judicial levels need to take a bigger role in the form of legal and judicial reform for the fulfilment of the rights of women and children post-divorce in Indonesia.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Legal; Instrument; Fulfilment; Rights; Divorce; Court |
| Subjects: | Private Law > Domestic Relations, Family Law, Marriage |
| Depositing User: | Perpus Uin bdg |
| Date Deposited: | 17 Jul 2023 06:48 |
| Last Modified: | 17 Jul 2023 06:48 |
| URI: | https://digilib.uinsgd.ac.id/id/eprint/71287 |
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