KEWAJIBAN ORANG TUA LAKI-LAKI (AYAH) ATAS BIAYA NAFKAH ANAK SAH SETELAH TERJADINYA PERCERAIAN Kajian Putusan Pengadilan Agama Semarang

Abstract

Marriage in pursuance of the laws no.1 of 1974 a spiritual and physical bond between a male and female as a couple intended to establish a happily and eternal family based on the alimghty god, in fact, however, it is no rarely to find a marriage in full of continously disputes and conflics or other causative factors sometimes leading to a divorce. Divorce, of course, result in legal consequences for both parties and even for their offspring who born for marriage especially in deciding who is responsible for any living expence for their offspring. Considering between a verdict with a punishment and a verdict without punishment on paternal. In addition, there were many paternal parents who disobeyed the verdict decided by the religious court Semarang. To a review the problems mentioned above a descriptive analytical study has been carried out the location of study is at the relegious court Semarang and Semarang municipality the study used normative juridical and approaches the secondary data was colleted through documentary study. There were eight (8) verdict of the religious court Semarang sample by using a purposive sampling method whereas the primary data wes collected by both interview with three (3) judges of the religious court Semarang along with and advocated and spreading questionnaire the respondents were determind randomly as of 30 consisting of 10 divorced parental parents, 10 diovorced maternal parents and 10 offspring born for their divorced parent the colected data was analyzed qualitatively no find on overview of the problems using a deductive method. The result of the study showed : That the legal priciple regarding the living expenses ordivorced offsprings as stipulated in the statunory rules in Indonesia or Islamic laws. The causative factor underlying the parents no disobey the verdict of the religious court Semarang for privision of their divorced offsprings lwing expenses included ; Inadequate economical recources, possibility of remarriage by the parents, psychlological reasons by parental and maternal parents or the offspring themselves and, economical capability of maternal parents to privide the living expenses. The legal resulation/treatment that can be taken in the case of parental parents who did not provide their divorced offspring with living expenses included the maternal parents apply an exercution no force the parental parents no provide their divorced offspring with living expenses as stipulated by the religious court. It is suggested that the religious court nocommit the living expense of any divorced offspring even thought the parental parents are incapble economically as an initial treatment for legal protenction of any offspring born no their divorced parents in addition, the religious court also has no make for the maternal parents no receive any jurisdictionary a judge no decide the living expences of the divorced affspring even thought it is out of the jurisdiction.