Pendampingan Hak-Hak Perempuan Dan Anak Pasca Perceraian

Abstract

This article aims to provide knowledge and assistance as a form of protection for the rights of women and children after divorce, as well as to determine the supporting factors and obstacles to their fulfillment. The approach used is participatory action research (PAR). The way this is done is by providing counseling and legal assistance. The results showed that effectively assisted subjects were able to: (a) Identify social problems in their environment, especially those related to household; (b) Knowing the rights as wife and ex-wife and the rights of children; (c) Share the experiences they get from life; (d) Solve problems with solutions they think are strategic; (e) They know very little that they need help and empowerment. Furthermore, the service team assisted the litigation process at the Soreang Religious Court and the Sumedang Religious Court. In practice, the fulfillment of the rights of women and children after divorce is supported by various factors. As a supporting factor for the fulfillment of the rights of women and children after divorce, among others (1) the good faith of the husband, (2) the decision of the panel of judges that includes the husband's obligations to his ex-wife in the event of a divorce, and (3) the husband has income and / or assets sufficient to meet the demands of the obligation. While the causative factors that hinder the protection of women's rights after divorce, especially in the case of divorce, include: (1) the absence of clear and firm rules against husbands who do not carry out the pledge of divorce, which creates legal uncertainty, (2) decisions that cannot be executed. (3) low legal awareness and legal knowledge in the community.

The Position of Islamic Law in Fulfilling Women's Rights during the Iddah Period

“…Everyone has the right to receive compensation for the violations they have suffered, while the state has an obligation to ensure the fulfillment of their rights. This accumulation and rights confirm that justice has become a human right that must be respected and its fulfillment guaranteed (Sholeh et al, 2019) (Nur Anisa Simbolon)…”

Tüketici Sözleşmelerinde Yer Alan Gecikme Bedeli Koşulunun Müşteri Sorumluluğuna Etkisi

“…İslâm hukukunda, dinin genel hükümlerine uygun olan sözleşme şartlarında genel itibarıyla bir serbestlikten söz edilse de, 64 dinin genel amaçlarına aykırı yasak koşulların şart serbestisini sınırlandıran hususlardan biri olduğunu kabul etmek gerekir. 65 Tarafların, akdin hüküm ve sonuçlarını etkileyecek tarzda sözleşmelere dâhil ettikleri (takyidî) şartlarda akde etkisi bakımından sözleşmenin türü ve ileri sürülen şartın mahiyeti belirleyici bir etkiye sahiptir.…”

Jurimetrics Implementation of Determining Wife's Rights in Divorce in Talu Religious Court

“…It can be seen from scientific research analyzing the protection of the wife's rights in court decisions. Several factors cause weak protection of wives' rights after divorce, including the lack of strict regulations regarding husbands who do not carry out the divorce vow, giving rise to legal uncertainty, decisions that cannot be executed, and the low level of legal awareness and legal knowledge in the community (Sholeh et al, 2019).…”