Tinjauan Yuridis Hak Nafkah Anak Pasca Perceraian Dalam Perspektif Teori Keadilan (Implementasi Putusan PA Surabaya Nomor 4971/Pdt.G/2024/PA.Sby)

Abstract

This study analyzes the implementation of child maintenance rights fulfillment after divorce based on the Decision of the Religious Court of Surabaya Number 4971/Pdt.G/2024/PA.Sby. The research employs an empirical legal method with a qualitative approach through interviews with the involved parties. The results indicate that despite the court decision having permanent legal force, its implementation has not fully complied with the verdict, where the father only pays partial child support. These findings confirm systemic weaknesses due to the court's passive authority and the absence of a post-ruling monitoring mechanism. Grounded in John Rawls' social justice theory, this study recommends active state intervention through compulsory technical regulations to ensure certainty in fulfilling child maintenance rights, regardless of the parents' employment status. The research highlights the urgency of proactive legal protection for children as the most vulnerable party in divorce cases.