Factors of Unfulfilled Rights of Wife and Children as Consequences of Divorce in Religious Court Decisions

Dados Bibliográficos

ID22324543
AutoresTaufiq Saleh (Universitas Muhammadiyah Palembang), Khalisah Hayatuddin (0000-0001-8352-9054, Universitas Muhammadiyah Palembang), Arif Wisnu Wardhana (Universitas Muhammadiyah Palembang)
Ano2023
Volume23
Fascículo1
Páginas85-96
Data de publicação2023-06-14
Peer ReviewedSim
Open AccessSim
TipoARTICLE
PeriódicoNurani: Jurnal Kajian Syari'ah dan Masyarakat (JOURNAL)
Identificadores do periódicoISSN: 1693-8437 • E-ISSN: 2460-9102
EditoraState Islamic University of Raden Fatah Palembang (PUBLISHER)
DOI10.19109/nurani.v23i1.16644
OpenAlexW4385238072
IdiomaEN
Citações recebidas2
Referências citadas3

PERMA Number 3 of 2017 serves as a guideline for judges in adjudicating cases involving women and can be used as a legal basis for providing protection to children who are victims of divorce. The problem discussed in this research is the implementation of PERMA in the Baturaja Religious Court. The aim of this study is to examine the issue of the non-fulfillment of the rights of the wife and children as a consequence of divorce in court decisions. A qualitative research approach with a field study design was chosen for this study. The research was conducted at the Baturaja Religious Court. The data used consisted of primary data and secondary data. Data analysis was divided into three parts: data reduction, data display, and conclusions. The research findings indicate that the implementation of PERMA Number 3 of 2017 regarding the rights of the wife and children as a consequence of divorce in the Baturaja Religious Court has not been fully implemented. This is due to several factors, such as the economic instability of the father, remarriage of the parents, psychological factors that prevent the former husband from meeting their children, and the ability of the mother to provide for the child's welfare

Family court · Political science · Remarriage · Welfare · Wife · Gender and Women's Rights · Law · Legal Studies and Policies · Marriage and Family Dynamics · Psychology