Analisis Putusan Hakim Terhadap Penentuan Batas Kemampuan Mantan Suami Dalam Pemenuhan Kewajiban Pemberian Nafkah Terhadap Anak Pasca Perceraian Berdasarkan Hukum Perkawinan Indonesia (Studi Putusan Pengadilan Negeri No. 468/Pdt.G/2024/PN JKT. UTR Dan Pengadilan Agama No. 800/Pdt.G/2021/PA.UTJ)

Abstract

Alimony is an expense used by a person to meet the basic needs of those under their care, such as clothing, food, and shelter. Although post-divorce alimony is the responsibility of the husband, in practice this obligation is often neglected, especially in relation to fulfilling the basic rights of children. This condition is not in accordance with the provisions of the Qur'an, the Marriage Law, and the Compilation of Islamic Law. This study aims to analyze the considerations of judges in determining the limits of a former husband's ability to fulfill child maintenance after divorce based on District Court Decision No. 468/Pdt.G/2024/PN Jkt. Utr and Religious Court Decision No. 800/Pdt.G/2021/PA Utj. The research method used in writing this thesis is normative legal research supported by field research. This research is descriptive in nature with a legislative and conceptual approach. The types of research data are primary and secondary data obtained from field studies and literature studies. Data collection was carried out through document studies and interview guidelines that were compiled and analyzed using qualitative methods with deductive conclusions. The analysis was conducted on relevant regulations, including the The results of the study show that child support obligations after divorce are regulated in Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and regulations related to child protection. However, there are no clear legal standards regarding the determination of the former husband's financial capacity, which has led to obstacles such as differences in interpretation by judges, limitations in proving the former husband's economic condition, and uncertainty in the implementation of the decision. In addition, the differences in the judges' legal considerations in the two decisions were influenced by differences in judicial paradigms, whereby the District Court placed more emphasis on factual capacity and the principle of propriety based on evidence, while the Religious Court places greater emphasis on the father's normative obligations towards the child by considering the principles of justice, benefit, and protection of children's rights, which has implications for differences in the determination of the amount of child support after divorce.