KEKUATAN EKSEKUTORIAL PUTUSAN PENGADILAN NOMOR 778/Pdt.G/2024/PA.Sby TERHADAP NAFKAH ANAK PASCA PERCERAIAN DALAM HUKUM ACARA PERDATA DI INDONESIA

Kusuma, Farraesya Annabel Trisya (2026) KEKUATAN EKSEKUTORIAL PUTUSAN PENGADILAN NOMOR 778/Pdt.G/2024/PA.Sby TERHADAP NAFKAH ANAK PASCA PERCERAIAN DALAM HUKUM ACARA PERDATA DI INDONESIA. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Divorce does not eliminate the obligation of parents, particularly the father, to provide child support. However, in practice, many court decisions regarding child support are not voluntarily enforced, resulting in the inadequate fulfillment of children's rights. This study aims to analyze the executorial force of court decisions concerning post- divorce child support obligations under Indonesian civil procedural law and to examine the legal remedies available to ensure the enforcement of such decisions. This research employs a normative juridical method using both the statutory approach and the conceptual approach. The legal materials were collected through library research, consisting of primary, secondary, and tertiary legal materials, and were analyzed qualitatively. The results indicate that court decisions concerning child support possess executorial force because they are condemnatory (condemnatoir) judgments that have obtained permanent legal force (inkracht van gewijsde). Nevertheless, their enforcement continues to face several obstacles, including the low level of compliance by the obligated party, lengthy execution procedures, and difficulties in identifying the assets of the party responsible for providing child support. Legal remedies available to ensure enforcement include filing an application for execution, issuing an aanmaning (formal warning), obtaining an execution order from the Chief Judge, executing seizure of assets, and auctioning the debtor's property. Therefore, strengthening regulations governing the enforcement of child support decisions is necessary to ensure greater legal protection for children's rights following divorce. Keywords: executorial force, court judgment, child support, divorce, civil procedural law

Item Type:

Thesis (Undergraduate)

Contributors: