FACTORS THAT CAUSE UNPAID IDDAH MONEY FOR EX-WIFE AFTER DIVORCE (Implementation Study of rticle 41 (c) Act Number 1 Year 1974 in the Religion Court of Malang)
Abstract: This study describes
and answer the problem of the implementation of article 41 (c) of Law No. 1 of
1974 in the Religion Court of Malang on payment of the waiting period for
ex-wife after the divorce. Mentioned in Article 41 (c) of Law No. 1 of 1974,
the court may require the ex husband to provide cost of living and or determine
any obligation to his ex wife. In divorce, ex-husband to the ex-wife, a judge
granted the authority by law to provide a living burdensome waiting period and
mut'ah against his ex-wife. This type of research is classified as empirical
legal research and in this study select and specify the location in the
Religion Court of Malang. Data collection techniques are data obtained through
interviews with judges, law clerks and couples who have been divorced as
respondents. In an attempt to describe, identify, and analyze the rules in the
article, the approach used is the juridical sociological, juridical study aims
to conduct a study regarding the implementation of Article 41 (c) of Law No. 1
of 1974 in the Religion Court of Malang and sociological approaches made by
reviewing the factual conditions that exist in society.
Based on the results of the study, the authors obtained answers to the
problems that exist, within a year in 2011, there were 587 cases of divorces,
causes ex-husband does not pay waiting period (iddah) money to his ex-wife
after the divorce, for some reason, which had no money at all, not having a
job, reluctant or do not want to pay, and other reasons such as illness or are
not located in the city of Malang. Some of the efforts made by the ex-wife is a
counterclaim which is a requirement for the fulfillment of her maintenance.
These efforts may result in an awareness of the ex-husband to perform his
duties before the verdict was read. Another effort that is when the divorce
trial pledge, to do a consultation, which is an ex-husband is still not able to
pay off all of its liabilities, the judges give time to her ex husband in the
space of not more than six months. Application for the wife of a living, the
cost of child care, and marital property can also occur during the trial, the
court may determine the amount of religion that are tailored to the ability of
the husband and not against him. Meanwhile, last-ditch effort to do after the
decision and the filing of a new case filings execution will be forced to
make-ex-husbands fulfill its obligations. But in the Religion Court of Malang,
the two efforts before the trial has produced something and divorce is rare to
enter the execution phase.
Author: Elita Savira
Journal Code: jphukumgg130024
