Ratio Legis of the Government Regulation No. 10 Of 1983 Towards an Obligation to Distribute Salary from Ex-Husband Who Works as Civil Servant to Ex-Wife after Divorce

Abstract

Legal consequences of conflict of norm, the norms in Article 8 of the Government Regulation No. 10 of 1983 jo. the Government Regulation No. 45 of 1990 with Islamic Law, cause the different treatment before the law/ discrimination which causes injustice between ex-husband who works as civil servant and those who works not as civil servant. The objective of this study is to examine the ratio legis of the Government Regulation No. 10 of 1983 regarding an obligation to distribute salary from ex-husband who works as a civil servant to ex-wife after divorce. There are 4 (four) types of approaches utilized in this study: philosophical approach, statute approach, historical approach, and case approach. The ratio legis of the Government Regulation No. 10 of 1983 jo. the Government Regulation No. 45 of 1990 concerning the obligation to distribute salary from ex-husband who works as civil servant to ex-wife after divorce is because of the position of civil servants as the elements of the state apparatus, the state servants, and the public servants are required to provide examples to the community in marriage and divorce. However, the regulation of the obligation to distribute salary from ex-husband who works as a civil servant to ex-wife after divorce until the ex-wife is married again does not reflect the principle of justice and balance.