IMPLEMENTASI KEWAJIBAN PEMBERIAN NAFKAH KEPADA ISTERI DAN ANAK AKIBAT PERCERAIAN BAGI PNS DILINGKUNGAN PEMDA KABUPATEN SELUMA (MENURUT PP NOMOR 45 TAHUN 1990 TENTANG IZIN PERKAWINAN DAN PERCERAIAN BAGI PNS)

LINDA, PURWANTI and Sirman, Dahwal and M.Darudin, Darudin (2017) IMPLEMENTASI KEWAJIBAN PEMBERIAN NAFKAH KEPADA ISTERI DAN ANAK AKIBAT PERCERAIAN BAGI PNS DILINGKUNGAN PEMDA KABUPATEN SELUMA (MENURUT PP NOMOR 45 TAHUN 1990 TENTANG IZIN PERKAWINAN DAN PERCERAIAN BAGI PNS). Masters thesis, Universitas Bengkulu.

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Abstract

The objective of this research is to know the effectiveness of Government Regulation Number 45 of 1990 on the obligation of husband for the livelihood of ex-wife and children in the local government of Seluma Regency. The results of the research note that the high divorce rate of civil servants in Seluma disterict due to civil servants do not understand the substance of Government Regulation No. 45 of 1990, among others, to reduce the divorce rate, minimize divorce among civil servants and to be a role model or a good example for the public as public officials. Causes of divorce of civil servants in Seluma Disterict due to the absence of harmony in the household, and the absence of responsibility between both parties wife and husband. these are caused by several factors including the following: economic factors, third-party factors (infidelity and adultery), domestic violence factors (squabbles and disputes) and factors of incompatibility (lack of honesty, openness and lack of acceptance of one party's deficiencies from one party). Government Regulation No. 45 of 1990 on the obligations of husbands for the welfare of ex-wife and children in the local government of Seluma Regency has not been effective. This ineffectiveness due to philosophical, juridical and sociological requirements has not been fully fulfilled. First the philosophical requirements, Government Regulation No. 45 of 1990, do not pay attention to the benefit of both parties. For example when the husband took the initiative in divorce because of the wife's bad attitude. Under such conditions it is unfair to stipulate an obligation to a former husband. In addition, the husband is faced with two conditions that are very difficult to give up some salary and live with the remaining salary or do not give up some salary with disciplinary punishment as regulated in Government Regulation No. 45 of 1990 which may end with dismissal as civil servants. The two juridical requirements, there has been no synchronization horizontally with the other relevant regulation of civil servants. Violations committed by civil servants as set forth in Article 15 of Government Regulation No. 45 of 1990 are only disciplinary sanctions rather than criminal sanctions based on Government Regulation No. 53 of 2010. The three sociological requirements, subject matter of permission of superiors in marriage in Government Regulation No. 45 of 1990, regulated in Law Number 1 Year 1974 regarding Marriage. The PP should conduct the Act and not create a new norm. Changing or adding normative rules in a legislation must be with legislation that is at the level of: Act with the Act, Government Regulation with Government Regulation Keyword: The effectiveness of the regulation, the obligation of wife and children

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