Legal Certainty on the Rights of Ex-Wife Post Divorce (Case Study of Religious Court Decisions North Jakarta Number: 299/Pdt.G/2021/Pa.Ju)

DOI

10.2991/assehr.k.220404.129How to use a DOI?

Keywords

Legal certainty; wife’s rights; post-divorce

Abstract

The fulfillment of a wife’s livelihood does not only apply in marriage, but also after divorce. The problem is that there are often many divorce cases where the rights of ex-wives (iddah and mut’ah) are not fulfilled even though the decision requires them to be paid. This is like what happened in the North Jakarta Religious Court Decision Case Number: 299/Pdt.G/2021/Pa.Ju, so the problem arises how is the legal certainty of the rights of ex-wife after divorce to the rights of iddah and mut’ah money? and what are the legal remedies if the iddah and mut’ah payments are not carried out in accordance with the North Jakarta Court Decision Number: 299/PDT.G/2020/PA.JU? The research method used is normative juridical with a case and legislation approach. Based on the analytical study that the ruling in the divorce case in the North Jakarta Religious Court Decision Number 299/PDT.G/2021/PA.JU regarding the rights of the wife after the divorce to the rights of iddah and mut’ah money, has not provided legal certainty, especially in certainty of execution of the judge’s decision. This is because the ruling that requires the ex-husband to pay the iddah and mut’ah money has not been received before the divorce pledge is made, causing legal uncertainty, especially for divorced wives. Legal remedies that can be taken by the ex-wife if the iddah and mut’ah payments are not carried out according to the court’s decision, the means that can be done is to apply for execution at the religious court.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Aji Ulul Azmi Hanafi
AU  - Tanawijaya Tanawijaya
PY  - 2022
DA  - 2022/04/21
TI  - Legal Certainty on the Rights of Ex-Wife Post Divorce (Case Study of Religious Court Decisions North Jakarta Number: 299/Pdt.G/2021/Pa.Ju)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 815
EP  - 822
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.129
DO  - 10.2991/assehr.k.220404.129
ID  - Hanafi2022
ER  -