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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta
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EKSEKUSI NAFKAH ANAK DAN ISTRI PASCA PERCERAIAN BAGI ANGGOTA POLRI PERSPEKTIF MASLAHAH MURSALAH DAN PERLINDUNGAN HUKUM
RICKI AHMAD FAISAL M - Personal Name
This study aims to determine the factors that inhibit and support the execution of child and wife maintenance for members of the National Police and analyze the implementation of the execution of child and wife maintenance for members of the National Police from the perspective of Maslahah Mursalah and legal protection of Decision Number 3825/pdt.g/2024/PA. JT.
This type of research is qualitatively normative juridical research with a legal approach and a case study of the East Jakarta Religious Court Decision. The source of data in the form of primary legal materials is the Regulation of the National Police Chief Number 9 of 2010 concerning Procedures for Submission of Marriage, Divorce, and Referral for Civil Servants in the National Police of the Republic of Indonesia, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 4 of 1979 concerning Child Welfare and the United Nations Convention on the Rights of the Child, and also the results of interviews with lawyers and the plaintiff as well as with the Head of the Planning and Administration Section, Directorate of General Criminal Investigation of the Metro Jaya Police participated in the execution of Decision Number 3825/pdt.g/2024/PA. JT. The secondary legal material is books related to the theory of Maslahah Wahbah Zuhaili and other references related to the problems that are the subject of discussion in this study.
This study shows that there are inhibiting factors, namely the cost of execution that is too expensive, and the absence of a special institution that handles the problem of the execution of child and wife support after divorce. Meanwhile, the supporting factor is the existence of a regulation by the National Police Chief that requires husbands to provide support to ex-wives and children. The provisions for the burden of alimony and wives after divorce are a form of realizing benefits for life after divorce in accordance with the theory of jalb mashalih and daf'ul mafasid. The state has provided legal protection in terms of the burden of child support to the husband after divorce as stated in the Marriage Law, the Compilation of Islamic Law and the Regulation of the National Police Chief. However, the Court was unable to order directly to the National Police agency, in this case the treasurer of the Head of the Work Unit to execute the salary deduction of the husband who is a member of the National Police to the son and his ex-wife.
This type of research is qualitatively normative juridical research with a legal approach and a case study of the East Jakarta Religious Court Decision. The source of data in the form of primary legal materials is the Regulation of the National Police Chief Number 9 of 2010 concerning Procedures for Submission of Marriage, Divorce, and Referral for Civil Servants in the National Police of the Republic of Indonesia, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 4 of 1979 concerning Child Welfare and the United Nations Convention on the Rights of the Child, and also the results of interviews with lawyers and the plaintiff as well as with the Head of the Planning and Administration Section, Directorate of General Criminal Investigation of the Metro Jaya Police participated in the execution of Decision Number 3825/pdt.g/2024/PA. JT. The secondary legal material is books related to the theory of Maslahah Wahbah Zuhaili and other references related to the problems that are the subject of discussion in this study.
This study shows that there are inhibiting factors, namely the cost of execution that is too expensive, and the absence of a special institution that handles the problem of the execution of child and wife support after divorce. Meanwhile, the supporting factor is the existence of a regulation by the National Police Chief that requires husbands to provide support to ex-wives and children. The provisions for the burden of alimony and wives after divorce are a form of realizing benefits for life after divorce in accordance with the theory of jalb mashalih and daf'ul mafasid. The state has provided legal protection in terms of the burden of child support to the husband after divorce as stated in the Marriage Law, the Compilation of Islamic Law and the Regulation of the National Police Chief. However, the Court was unable to order directly to the National Police agency, in this case the treasurer of the Head of the Work Unit to execute the salary deduction of the husband who is a member of the National Police to the son and his ex-wife.
Ketersediaan
| 107/HK/2025 | 107/HK/2025 | Perpustakaan FSH Lantai 4 | Tersedia |
Informasi Detil
Judul Seri
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No. Panggil
107/HK/2025
Penerbit
Fakultas Syariah dan Hukum : UIN Jakarta., 2025
Deskripsi Fisik
xii,168hal ;28 cm
Bahasa
Indonesia
ISBN/ISSN
-
Klasifikasi
107/HK/2025
Informasi Detil
Tipe Isi
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Tipe Media
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Tipe Pembawa
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Edisi
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Info Detil Spesifik
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Pernyataan Tanggungjawab
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