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Original Research

LEGAL REFORMULATION ON THE RIGHTS TO SUPPLY FOR CHILDREN OF DIVORCE VICTIMS IN INDONESIA

ABDULLAH 1, AMIRUDDIN 2, HIRSANUDDIN 3, and ANI SURYANI 4.

Vol 19, No 12 ( 2024 )   |  DOI: 10.5281/zenodo.14524505   |   Author Affiliation: Doctoral Program in Law, University of Mataram, Mataram, West Nusa Tenggara, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 258-270   |   Published on: 19-12-2024

Abstract

The maintenance rights of children of divorce victims in Indonesia have been regulated in various laws, however, fathers' compliance in fulfilling these rights is very low. This research is presented as an effort to update the existing legal framework so that it is more in line with the demands of modern society. In response to this, the main focus of this research is three things, first, what is the legal regulation regarding the maintenance rights of children of divorce victims in Indonesia. Second, what are the problems with the construction of legal regulations on the maintenance rights of children of divorce victims and third, what form does the legal reconstruction take? This research is normative research with research methods including literature study and document study. The results of this research show that legal protection for children's rights is formulated in various laws, namely the Marriage Law, Child Welfare, Presidential Decree on the Convention on Children's Rights, Presidential Instruction on the Compilation of Islamic Law, Human Rights Law, Law child protection and the Law on the Elimination of Domestic Violence. Problems with legal construction in regulating children's maintenance rights in Indonesia can be seen from two things, firstly a juridical problem and secondly a sociological problem. Below it will be explained in detail. In response to the above problems, reconstruction efforts are needed in several articles in Law Number 17 of 2016 concerning the Second Amendment to Law Number 23 of 2002, namely article 4 which states about rights, article 26 which states obligations, article 45, article 76b and article 77b concerning criminal provisions.


Keywords

Reconstruction, Law, Living Rights, Children of Divorce Victims.