International Journal of Advanced Multidisciplinary Research and Studies
Volume 4, Issue 6, 2024
Legal Protection of Women's Rights after Divorce
Author(s): Marisa Kurnianingsih, Nova Auliyanti Faiza, Dita Nadya Anastasya, Fanny Shinta Permatahati
DOI: https://doi.org/10.62225/2583049X.2024.4.6.3502
Abstract:
Divorce results in the termination of the marital relationship, and there are several main reasons that lead to divorce, including the death of one spouse, the decision of the husband or wife to end the marriage, or a judge's decision based on issues within the household. This research uses normative research methodology. A statute approach is used to analyze legal issues related to regulations governing the fulfillment of obligations from the ex-husband to the ex-wife after divorce. Law No. 1 of 1974 on Marriage explicitly regulates the obligation to provide maintenance to the ex-wife after divorce. This provision states that in cases of divorce that result in the termination of the marriage, the ex-husband is required to bear the living expenses of the ex-wife and/or make certain decisions that benefit the ex-wife. However, in reality, the low awareness of ex-husbands in fulfilling the ex-wife's rights after a court decision becomes a major concern regarding how legal protection efforts ensure women's rights are upheld. The rights that can be claimed by the ex-wife after divorce include maintenance, muta'ah, mahr, hadhanah costs, and the division of joint property.
Keywords: Divorce, Rights, Legal Protection
Pages: 716-720