Implementasi Upaya Eksekusi terhadap Kewajiban Nafkah Anak Pasca Perceraian (Studi Pengadilan Agama Medan)

Abstract

Communal life is a fundamental component of human existence, particularly within the family. Divorce, however, raises concerns regarding children's rights, particularly the obligation to provide child support to meet essential needs, including food, education, medical care, and balanced development. In practice, enforcement of post-divorce child support obligations does not always achieve the expected results. This research aims to analyze the legal framework and implementation of enforcement measures for post-divorce child support obligations through a case study at the Medan Religious Court and to identify factors hindering their enforcement. This research employs a case study approach using a socio-legal (empirical-juridical) method. Data were collected through analysis of applicable laws, legal standards, and principles, as well as interviews and observations involving judges, court clerks, legal counsel, legal practitioners, and case parties at the Medan Religious Court. The findings indicate that obstacles to enforcing child support decisions arise from internal and external factors. Internal factors include the limited authority of judges to compel compliance and enforcement procedures characterized by excessive formalism and prolonged timelines. External factors include limited legal awareness, adverse economic conditions, bad faith of the obligor, and inadequate monitoring mechanisms. These obstacles hinder the effective protection of children's rights after divorce and demonstrate challenges in ensuring compliance with court-ordered child support obligations.