IMPLEMENTASI PERLINDUNGAN HUKUM HAK-HAK PEREMPUAN DAN ANAK PASCAPERCERAIAN TAHUN 2023 DI PENGADILAN AGAMA SUKOHARJO

Abstract

The data shows that in 2023 the Sukoharjo Religious Court received a total of 1287 divorce cases. This figure is fairly high throughout 2023. However, what is quite concerning about the high divorce rate in the Republic of Indonesia is that the rights of women and children after divorce are often neglected. In fact, women and children are vulnerable groups and really need legal protection from the state, because women and children are the parties who are most often victimized and feel the negative impact of a divorce.

This research uses an empirical juridical legal approach method, which uses secondary data and primary data derived from books, or legal literature, laws and regulations, interviews and other materials. The theory used to analyze and discuss the problems in this study uses the theory of legal protection put forward by Philipus M. Hadjon.

The results of this study conclude that there are forms of legal protection for the rights of women and children after divorce as stipulated in Article 41 letter (c) of the Marriage Law, Article 149 of the Compilation of Islamic Law, SEMA No. 3 of 2018 and SEMA No. 2 of 2019, which in essence the panel of judges can order the former husband to pay to the former wife in the form of mut'ah maintenance, iddah maintenance, madhiyah and child maintenance. However, there are obstacles to legal protection of the rights of women and children after divorce through judicial institutions, especially in the Sukoharjo Religious Court, namely the complicated execution process and expensive execution costs as well as low legal awareness. In addition, other obstacles are the absence of sanctions for ex-husbands who are not in good faith, namely not fulfilling their obligations to their ex-wives and children as stated in the decision and public knowledge about protecting the rights of women and children after divorce.

Keywords: Legal Protection, Post-Divorce, Women's and Children's Rights