Sanksi Hukum Bagi Ayah yang Tidak Menafkahi Anaknya Pasca Perceraian

Abstract

The purpose of this study is 2 (two), namely to find out the regulation of legal sanctions for fathers who do not provide for their children after divorce according to Islamic law and to find out the regulation of legal sanctions for fathers who do not provide for their children after divorce according to law. This type of research is library research using the (Normative-Juridical) approach. Then the data sources used are primary data and secondary data, with data collection techniques identifying discourse from books, journals, theses, the web (Internet), and other sources of information related to the title. Based on the results of the analysis, it can be concluded that: 1) In Islamic law, sanctions for fathers who do not provide for their children are included in the category of Jarimah Ta'zir, namely legal sanctions in the form of punishment, imprisonment, compensation, reprimands with words (advice), being presented before a court, a stern warning, suspension or dismissal and other types of punishment, and the decision on the sanctions is left to the local authorities/judges. 2) Legal sanctions for fathers who neglect their child support obligations after divorce are called neglect. The legal sanctions are Law No. 23 of 2004 concerning Domestic Violence in Article 49 which states that they are subject to a maximum imprisonment of 3 (three) years or a maximum fine of 15,000,000.00 (fifteen million rupiah).