Analisis Keadilan Hukum Terhadap Kewajiban Nafkah Anak Pascaperceraian (Studi Kasus di Pengadilan Agama Kabupaten Madiun)

Rosichin, Khamim Choirun Nasiruddin (2021) Analisis Keadilan Hukum Terhadap Kewajiban Nafkah Anak Pascaperceraian (Studi Kasus di Pengadilan Agama Kabupaten Madiun). Masters thesis, IAIN Ponorogo.

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Abstract

The fundamental problem of legal reform that has not been resolved is the problem of maintaining justice. Judges’ decisions, which should be a parameter measuring the quality of expertise and ability of judges in upholding justice, are deemed not to reflect the value of justice. One of the children's rights that is very important to be fulfilled by their parents is a living. Fulfillment of children’s livelihoods is a form of realization of the purpose of marriage, which acts to protect offspring. As in the case that occurred in the Madiun Regency Religious Court, with the case register number: 1119/Pdt.G/ 2019/PA.Kab.Mn. where in the case a claim was filed for fulfilling the livelihoods of mad}iyah children, which a father neglected for 123 months. from May 2009 to August 2019. The focus of the study in this thesis is the analysis of legal justice on the obligation to support children after divorce. The approach used in this research is the sociology of law approach, which studies the interrelationship between law and other social phenomena in an analytical way. The theory used is Gustav Radbruch’s theory of legal justice. The theory of legal justice was chosen because it highlights the existence and nature of legal justice in answering legal problems. Whereas the judge in deciding case number: 1119/Pdt.G/2019/PA.Kab.Mn. was guided by Jurisprudence Number 608 K/AG/2003 which contains a legal abstraction that the negligence of a father in providing support for his child cannot be sued. Jurisprudence 608 K/AG/2003 is no longer relevant and has no longer valid since the issuance of Supreme Court Circular Letter Number 2 of 2019.

Item Type: Thesis (Masters)
Thesis Supervisor: Agus Purnomo
Subjects: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
Divisions: Program Pascasarjana > Program Studi Magister al-Ahwal al-Syakhshiyyah
Depositing User: Mr Perpustakaan IAIN Ponorogo
Date Deposited: 04 May 2021 05:39
Last Modified: 04 May 2021 05:39
URI: http://etheses.iainponorogo.ac.id/id/eprint/13147

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