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)

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