Arrangement of Obligation to Distribute Salary from Ex-Husband Who Works as Civil Servant to Ex-Wife after Divorce

Abstract

In Indonesia, the obligation to distribute salary from ex-husband who works as civil servant to ex-wife after divorce until she gets married again, is considered unfair and discriminatory. If the divorce occurs at the behest of the husband who works as a civil servant, there is an obligation to distribute salary with his ex-wife until she gets married again. The objective of this study is to examine and discover the concept of reconstruction in regulating the obligation to distribute salary from ex-husband who works as civil servant to ex-wife after justice-based divorce. This is a normative study which will examine legislation in a coherent rule of law as a positive norm that applies at a specific time as a product of a certain power. The results of this study include: 1) if the divorce occurs at the behest of the civil servant husband, he is obliged to provide livelihood costs to the ex-wife according to his ability which are paid when the decision obtains permanent legal force; meanwhile, a Muslim civil servant husband is obliged to provide nafkah mut’ah (a form of monetary gift or consolation) that includes the cost of livelihood to the ex-wife and nafkah iddah (living expense for certain period of waiting) at the witnessing of the divorce pledge in accordance with his ability, 2) if the divorce occurs at the behest of the wife, the husband is not obliged to give a living expense to the ex-wife.

Keywords: Civil Servant, Salary, Divorce

DOI: 10.7176/JLPG/85-08

Publication date:May 31^st 2019