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Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-4 | Issue-02 | 101-108
Original Research Article
Background and Purpose of Imposing One-Third of the Salary of a Muslim Civil Servant Husband to a Former Post-Divorce Wife
Rifai, Mahmutarom HR, Akhmad Khisni
Published : Feb. 25, 2019
DOI : 10.21276/sjhss.2019.4.2.5
Abstract
Inequality in the provision of income under Article 8 PP 10/1983 Jo PP 45/1990 because the PP is strongly influenced by the current ruling authorities up to the legal product Conservative /Orthodox/elitist, law as a Political tool, Government tool, law closed because of the role and participation of small communities. In the reform era, the second provision of PP was irrelevant. The purpose is Article 8 PP10 / 1983 Jo PP45 / 1990 to prevent the divorce of civil servants and to create discriminatory law and injustice. Both of these Government Regulations (PP) are contrary to the principles of human rights, basic values of living and developing in the midst of society such as the appropriate Islamic law as ground norms, the 1945 Constitution Article 28D Jo Article 29 and the principle of modern democratic state (welfare state), the expectation of the article is for the smooth running of civil service duties, and as a means of enhancing the discipline of civil servants. However, both Articles of the two PPs substantially complicate marriage and civil servant divorce such as (UUP) because it restricts the marriage and civil servants divorce with strict requirements. The purpose of this study is to describe and analyze the background and the purpose of setting one-third of the salary of a husband to a former postdivorce wife. This present study uses the legal constructivism method with non-positivistic paradigm (ontological, epistemological and axiology where the author is a facilitator). With the socio-legal research approach, and using primary and secondary data sources, primary legal materials, secondary legal materials, and non-legal materials.
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