The Payment Nafkah (Living) for Children as a Result Break Up of Marriage in Jurisdiction Territory of Religion Court Pekanbaru City

Abstract

Marriage is a legal event, from which legal events will have legal consequences. One of the legal consequences is the emergence of rights and obligations between husband and wife. As we see in daily life, many occur in Indonesian society, not all marriages can be as happy as everyone wants, but not a few also end in Court. The end of the marriage due to divorce, does not mean that the obligation of parents to support their children also ends. In divorce divorce, children under the age of 12 years will usually fall into the care of (hadhanah) his mother. Not a few of them, ex-husband who does not carry out the obligation to pay for children's living after divorce. There are so many ex-husbands who did not carry out the court's decision after the divorce, namely the payment of children's income, which in Article 41 letter a of Law no. 1 of 1974 concerning Marriage is that both the father and mother still have the obligation to care for and educate their children, solely based on the interests of the child, in the event of a dispute regarding the mastery of children, the Court gives its decision. In implementing the court's ruling, there are several obstacles that cause the ruling to not work as it should, among ex-wives holding custody of children who do not have extensive knowledge about what steps should be taken when the ex-husband does not pay for the child's income. Another obstacle is the severance of communication between ex-husband and ex-wife because ex-husband has moved house and is difficult to contact. The solution provided by the Religious Court, is to carry out the payment of child support, but during 2017 and 2018 no one has ever registered a request for execution of child support payments because the costs are not small and the time required is also not short, whereas each day the children the child needs living expenses, so many ex-wife of the holder of the hadhanah cannot make any efforts to obtain their children's rights even though the child is part of the nation's next generation.