THE IMPLEMENTATION OF LEGAL PROTECTION FOR WOMEN’S RIGHTS AFTER DIVORCE IN THE PURWAKARTA RELIGIOUS COURT

Abstract

This research is motivated by the phenomenon that the physical and emotional rights of wives during the iddah period following divorce are often not in favor of women. Many ex-husbands assume that after divorce, they no longer have any responsibilities, resulting in the neglect of wives’ rights, including the physical and emotional needs of their children. This study aims to explain the legal basis used by the panel of judges at the Purwakarta Religious Court in determining claims related to women’s rights after divorce, the judges’ considerations, and the efforts made by the court to ensure that women’s post-divorce rights are fulfilled. The research employs a descriptive qualitative method. The findings indicate that the Purwakarta Religious Court strives to fulfill the physical and emotional rights of wives after divorce by providing information to the parties to include claims for nafkah iddah (maintenance during the waiting period) and mut’ah (consolation gift) in divorce petitions. The Purwakarta Religious Court has also attempted to cooperate with the husband’s workplace to directly deduct the husband’s income, although this effort has not yet been implemented.