PERTIMBANGAN MAHKAMAH AGUNG DALAM PUTUSAN NAFKAH ISTRI DAN NAFKAH ANAK OLEH SUAMI PADA KASUS PERCERAIAN DI INDONESIA 2006-2010
Main Authors: | , Made Yunita Dwi Hapsari, S.Sos., , Dr.Rimawan Pradiptyo, M.Sc. |
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Format: | Thesis NonPeerReviewed |
Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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Subjects: | |
Online Access: |
https://repository.ugm.ac.id/90364/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53033 |
Daftar Isi:
- In this study, the researcher wanted to see what patterns appear in the decision of granting child and wife support by the Supreme Court, where the effort was certainly made by the plaintiffs, that is husband or wife in the divorce process. Legal action to cassation stage in the Supreme Court may be carried out bu the justice seeker to get the fairest decision. The Supreme Court reserves the right to change the previous judicial decision, especially for the problem of living wife and child post-divorce support. The verdicts of Religious Court or High Religious Court can be revised as long as the verdicts concern about wife and child support, as well as changes to the division of matrimony property after the divorce, given that it has not yet met the minimum life needs, decency and fairness (it is governed in accordance with the provisions of Article 84 of Law No. 7 in 1989 as amended by Act No.. 3 of 2006). On the other hand, providing a living for his wife and children in Islamic Law seeks to minimize the negative impact of post-divorce. Provision of livelihood were also reviewed by several legal aspects that govern the respective rights of the plaintiff. This type of divorce in the Religious Court, the position of the applicant's cassation (husband or wife), husband's work, the decision of the Religious Court and High Religious Court to grant the demands of wife support are the variables that influence the Supreme Court to grant the demands of a wife living at the appeal level. To grant the demands of child support, the significant variables affecting among other are the types of divorce filed in the Religious Court, the Religious Court and the High Religious Court's decision in granting the demands of child support, and the education costs of children up to age of 21 years. Based on this study, the child will experience financial losses, at least in terms of cost of education. The results of logistic regression found that the higher cost of education, then the probability the child will get a living will be smaller.