Legal Protection Principle of the Fulfillment of Children's Maintenance Rights After Divorce

Abstract

Legal problem of children's maintenance rights was caused by the absence of legal effort towards the party who didn't perform the decision of children's alimony in the Religious Court Law. In the absence of coercive measures to carry out the decision, it could be said as the vague norms or obscure norms or vage normen. This article discussed the legal problems related to the urgency of legal protection to the fulfillment of children's maintenance rights after divorce and the formulation of the fulfillment of children's maintenance rights after divorce. This study is a legal normative research using statute approach, conceptual approach, comparative approach, and philosophical approach. The result showed that parents who ignored children's maintenance rights could be categorized to violate the law and should be held accountable for fulfilling children's rights as legal rights to obtain maintenance rights. In order to implement the fulfillment of children's support in Indonesia, KPAI (Indonesian Children Protection Commission) should be given active and coercive authorities and responsibilities for children's maintenance rights so it can be in accordance with the principle of Convention on the Rights of Child that both parents have common responsibilities for the upbringing and development of the child.

Keywords: Legal Protection, Children's Maintenance Rights, Rights of Child, Development of the child

DOI: 10.7176/JLPG/127-02

Publication date: December 31^st 2022