The Reconstruction of Religious Court Decision Execution on the Fulfilment of Children’s Rights Post-Divorce in Indonesia

Abstract

Purpose: The aim of this study is to examine the reconstruction of Religious Court decision execution on the fulfilment of children’s rights post-divorce in Indonesia. Theoretical Framework: This research is based on the postulate that court decisions ideally aimed to guarantee justice and legal certainty for the parties, but in reality, not all judge’s decisions can be implemented as well. This can be seen in the implementation of religious court decisions in Indonesia regarding children's maintenance rights post-divorce. Design/Methodology/Approach: This research uses a juridical-normative method. The sources and techniques of data collection were obtained from documentation studies, literature, and interviews with informants. The data analysis technique uses a deductive approach to formulate a conclusion. Findings: The results of this research show that on the one hand, the regulation of the father's obligations towards child support post-divorce in the judge's decision at the Religious Courts refers more to the positive laws that implemented in Indonesia. On the other hand, positive law in Indonesia has not yet effective in regulating the execution of judges' decisions regarding the children's rights post-divorce because it is only voluntary and lacks coercive power. Research, Practical & Social Implications: As the implication of the research, family law in Indonesia needs to be reconstructed through conducting special regulations regarding the execution mechanism regarding the fulfillment of children's rights post-divorce to be more regulatory, binding, and coercive. Originality/Value: The value of the research originality became an explanatory method for the conceptual development of the reconstruction of Religious Court decision execution on the fulfilment of children’s rights post-divorce in Indonesia.