Article 41(c) stipulates: “the Court could make a certain purchase that the ex-husband cover their ex-wife’s living expenses”. Likewise, Articles d that is 149( and 156(c, d) associated with Compilation of Islamic Law state that the daddy is in charge of the health and training of young ones until they reach the chronilogical age of 21, and therefore the spouse is needed to offer monetary help throughout the subsistence of wedding, through the iddah (waiting period), and to pay mut’ah (consolation gift), and upkeep post-divorce.
But research carried out in South Sulawesi plus the western Java region of Cianjur has discovered that numerous judges try not to consist of requests when it comes to supply of upkeep in talak divorces ( by the spouse). And several females “are maybe maybe perhaps not ready to place effort that is much claiming youngster help and upkeep simply because they understand too well enforcement mechanisms are tough to access”. This will be an impediment that is serious realising women’s legal rights post-divorce and challenges Indonesia’s commitment to CEDAW. Women’s activists and reformist Muslim scholars have now been trying to deal with enforcement mechanisms into the bill from the family members court (RUU Peradilan Keluarga), that is still being drafted.