Legal Efforts in Fulfilling Children’s Right after Divorce Based on Single Mother in Malang Regency

Abstract

This study aims to analyse and examine the legal force of the implementation of the fulfilment of child needs after divorce by the former husband and the efforts made by single mothers in fulfilling children's rights. The research methodology used is field research, which uses qualitative methods. Through purposive technique (non-probability sampling), researchers conducted in-depth interviews with respondents based on the criteria of living divorce widows who still had minor children when the divorce verdict was handed down. In addition, the perspective of expert practitioners, namely judges, is also needed to see this case. Based on Article 41 of the Marriage Law and Article 156 of the Compilation of Islamic Law, the responsibility for child needs rests with the father until the child

is 21 years old or has married or lived independently. But in reality, many ex- husbands are negligent in fulfilling this child support, making single mothers have

to survive on their own. From the point of view of single mothers, the factors that cause the non-fulfilment of child needs by the ex-husband include the absence of responsibility for the child, the inability to provide child needs, the unknown whereabouts of the ex-husband, and the influence of other parties. Indeed, single mothers can file a lawsuit in the form of execution for this case. However, several factors influence this, including the poor relationship between the ex-husband and wife and protecting children's mental health, as well as several existing legal issues.