LEGAL RESPONSIBILITY OF PRISONER FATHERS FOR CHILD SUPPORT RIGHTS AFTER DIVORCE

Dinda Restya Anggraeni, . (2025) LEGAL RESPONSIBILITY OF PRISONER FATHERS FOR CHILD SUPPORT RIGHTS AFTER DIVORCE. Jurnal Daulat Hukum, 8 (2). pp. 149-159. ISSN 2614-560X

Text 2110611051_ArtikelKI.pdf Restricted to Repository staff only Download (346kB)

Abstract

This study aims to analyze the form of legal protection for the fulfillment of child support rights after divorce, especially if the father is a convict. The research method used is normative juridical with a statutory approach, through literature study techniques and qualitative descriptive analysis. Primary and secondary legal materials, such as laws, court decisions, and scientific literature are analyzed to understand the normative obligations and implementation challenges in the implementation of child support by fathers who are serving their sentences. The novelty in this study lies in the focus of its study on legal loopholes and the implementation of child support in limited situations due to the father's legal status as a convict. So far, legal studies have discussed more about the obligation to provide support in general, but have not reviewed in depth how it is implemented when the father is not physically or economically free. Based on the results of the study, it can be concluded that the father's obligation to provide support remains valid even though he is a convict. Positive Indonesian law, both in the Marriage Law, the Compilation of Islamic Law, and the Child Protection Law, does not provide exceptions to this obligation. If the income during the prison term is insufficient, then the lack of support is considered a debt that must be paid after the father has economic capacity again. In certain circumstances, the responsibility for providing support can be temporarily transferred to the father's family without removing the father's primary obligations. Therefore, the state through its judicial institutions has an important role in ensuring the fulfillment of children's support rights, even in conditions where the father is not legally free.

Item Type:	Article
Additional Information:	[No. Panggil: 2110611051] [Pembimbing: Sulastri] [Penguji 1: Heru Sugiyono] [Penguji 2: Iwan Erar Joesoef]
Uncontrolled Keywords:	Children; Convicts; Divorce; Obligations; Support.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	DINDA RESTYA ANGGRAENI
Date Deposited:	11 Aug 2025 03:46
Last Modified:	11 Aug 2025 03:46
URI:	http://repository.upnvj.ac.id/id/eprint/39064

Actions (login required)

View Item