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August 11, 2025SHAHIH Journal of Islamicate Multidisciplinary0 citationsOpen Access

Asset Tracking by Religious Court Judges: Ensuring Post-Divorce Child Support

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MMMuh Sutri MansyahKLKi-Woong LEEZZZudin Zudin

Key Points

  • Child support implementation often faces challenges in tracking assets post-divorce, affecting financial obligations.
  • Judicial reliance on wives to provide asset evidence highlights weaknesses in tracking mechanisms and total support execution.
  • Analysis used normative juridical methods to address legal frameworks like the KHI and Child Protection Law.
  • Future legal policies should strengthen judges' authority to track assets, ensuring child welfare remains a priority.],
  • simple_explanation
  • Asset tracking for child support is crucial after divorce. Judges often struggle to locate a husband’s wealth, which can hinder support payment. This means children might not get the financial help they need. Improving how judges can track assets can make sure child support laws work better. 🔍

Abstract

Divorce often causes problems related to the fulfillment of child support, especially when the husband fails to meet his financial obligations. This study aims to analyze the ability of judges to track their husband's assets to ensure child support for divorce victims. The research method used is normative juridical with legislative, case, and conceptual approaches. The results show that although child support is legally guaranteed through the KHI, the Marriage Law, and the Child Protection Law, the implementation of asset tracking still faces technical obstacles, such as the lack of centralized data on the husband's wealth and limited resources of law enforcement. The findings also reveal that judges often rely on the wife’s initiative in submitting evidence of asset ownership, while the mechanism for executing the alimony judgments remains weak. It is important to formulate legal policies regarding the judge's authority to trace the husband's assets as a guarantee of child support. The principle of the best interests of the child must remain the primary consideration in divorce cases. The contribution of this research lies in policy recommendations to revise the Marriage Law and the Issue Supreme Court Regulations concerning the tracking of husbands’ assets in divorce cases.

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Cite This Study

Mansyah et al. (2025) studied this question.

synapsesocial.com/papers/68a360e70a429f79733295fehttps://doi.org/10.22515/shahih.v10i1.11571
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